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.
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
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.
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