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Why cant I answer this summons?
Okay I am a partner of a LLC in Utah. A summons was served to the company, and I answered it as one of the partners. They said a corporation cannot answer a summons you have to be an attorney and sited case law. I responded saying im not a corporation. Its a partnership.
The judge striked my answer to the summons and gave me 10 days for an attorney to answer.
The entire argument was based on a corporation which Im not.
5 Answers
- Anonymous1 decade agoFavorite Answer
It doesn't matter. Corporations, LLCs, partnerships, etc., are all legal entities. Only natural persons (as in living and breathing) can represent themselves in Court. Every state I know of has a law that says legal entities cannot represent themselves in Court, but must be represented by licensed counsel.
Its the price you pay to operate in that form.
- 1 decade ago
One, an LLC is legally very similar to a corporation. You can't answer it individually. An LLC is not a partnership, its a limited liability company, which is registered with the state.
Two, you should really get an attorney. That's what they're for. Especially if the court rejected your answer, showed you case law, and said you need an attorney. Why are you on YA instead of hiring a lawyer?
- Anonymous1 decade ago
The reason the judge rejected your answer and recommended an attorney is as an LLC, you have a board or committee which has to agree to what is said. The judge took it as one persons opinion which by law is not admissible in a court.
An attorney is an outside source who takes all parties to the lawsuit in consideration, presents it to the court so the judge is making his decision on what was agreed to as a whole.
Source(s): Family of Lawyers - Anonymous1 decade ago
Wow, Utah has some strange laws. Certainly not that way here in Illinois...
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