Powder Springs, GA asked in Business Formation, Business Law and Civil Litigation for Georgia

Q: LLC is joined as Third Party Defendant in a counterclaim lawsuit, LLC is served with process, does LLC have to Answer?

In other words, please confirm if an LLC who was properly served with process to the registered agent (who is not an attorney) by court order, needs to hire an Attorney to "Answer" a counterclaim lawsuit as a Third Party Defendant. And please confirm if there is any Georgia State law that says an owner of a business cannot represent the business in a legal matter.

3 Lawyer Answers
Joshua Adam Davis
Joshua Adam Davis
Answered
  • Brooklyn, NY
  • Licensed in Georgia

A: Under federal and Georgia law, a limited liability company must retain an attorney to appear on its behalf and represent it in court.

As always, you should have a confidential discussion with an attorney who can thoroughly explore the facts of your situation, as there is some ambiguity in the question(s). For instance, by "represent the business in a legal matter" refer to the previously mentioned lawsuit, or is this a separate question about out-of-court "legal matters"?

Michael D. Birchmore agrees with this answer

Michael D. Birchmore
Michael D. Birchmore
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: In GA, all corporate entities (Inc., LLC, P.C., etc. - corporations, limited liability companies, etc.) must be represented by a GA attorney in lawsuits.

If the LLC has been sued, counsel should be obtained immediately. Even if it is not known whether service of process was proper and effective or not. Effectiveness of service is a legal determination that should be made by the attorney.

Hassan Hussein Elkhalil
Hassan Hussein Elkhalil
PREMIUM
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: You need an attorney to represent the LLC. If the Registered Agent or any third party, over the age of 18, is served, then you have to answer the complaint.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.