I own a business. I received a summons suing in civil court for a very large amount of money. It lists me as a defendant?

Business 6 views 3 answers
The summons lists both my llc AND me personally. It is in regards to a criminal matter that took place on my property and was in no way forseeable. First off, I don't understand how they can pierce the corporate veil and sue me personally? Secondly, Can the LLC use funds to defend me personally? or is that considered misuse of funds? Will it be two seperate cases? I am looking for a new attorney because my usual one seems confused by the matter. Im just curious what the right person to take the case should tell me.

Attorney Answers

3
Ronald David WiltonEmployment / Labor AttorneyEncino, CA ·
You need a good litigator who would not be "confused." Remember that allegations in a complaint are not proof of anything and you may have defenses that would be successful. But unless you respond to the complaint in a timely manner, you will be unable to do anything to defend yourself. Find another attorney quickly and follow his or her advice. By the way, if you have any liability insurance that might be applicable, make certain you report the claim and the lawsuit immediately. You company would then retain and pay for your legal defense.
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Alexander Winston ·
Plaintiffs attorneys will sometimes include an LLC's owner even though there isn't a very clear path to the owner's liability. Some of them believe in "wearing a belt and suspenders," i.e., naming all the possible defendants and claims they can think of just to be overly thorough. From their perspective, they may suspect that your LLC is undercapitalized or "judgment-proof." Look for help from a good liability defense firm.
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Robert Cornish ·
Your LLC must be in good standing and following good corporate form and function to be recognized. In many cases, an LLC will be named in the hope that it will be used to divert your personal funds from satisfying a judgment. In terms of your LLC paying your defense costs, hopefully there is some sort of written indemnity agreement that can invoked. In any event, it sounds like you're going to need counsel to seek to have the case dismissed prior to answering. If your motion to dismiss is not successful, you will be in for the long haul. It is very important to work with an attorney comfortable with you and the specific facts to be use in your defense.
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