LLC / Eviction / Atty ? (by Roy [AL]) Mar 18, 2019 5:53 AM
LLC / Eviction / Atty ? (by Jeff [CO]) Mar 18, 2019 6:00 AM
LLC / Eviction / Atty ? (by NE [PA]) Mar 18, 2019 6:00 AM
LLC / Eviction / Atty ? (by Roy [AL]) Mar 18, 2019 6:11 AM
LLC / Eviction / Atty ? (by NE [PA]) Mar 18, 2019 6:15 AM
LLC / Eviction / Atty ? (by S i d [MO]) Mar 18, 2019 6:15 AM
LLC / Eviction / Atty ? (by Jeff [CO]) Mar 18, 2019 6:25 AM
LLC / Eviction / Atty ? (by NE [PA]) Mar 18, 2019 6:27 AM
LLC / Eviction / Atty ? (by Jeff [CO]) Mar 18, 2019 6:29 AM
LLC / Eviction / Atty ? (by NE [PA]) Mar 18, 2019 6:36 AM
LLC / Eviction / Atty ? (by myob [GA]) Mar 18, 2019 6:36 AM
LLC / Eviction / Atty ? (by Roy [AL]) Mar 18, 2019 6:38 AM
LLC / Eviction / Atty ? (by Jeff [CO]) Mar 18, 2019 6:43 AM
LLC / Eviction / Atty ? (by NE [PA]) Mar 18, 2019 6:48 AM
LLC / Eviction / Atty ? (by WMH [NC]) Mar 18, 2019 6:49 AM
LLC / Eviction / Atty ? (by WMH [NC]) Mar 18, 2019 6:51 AM
LLC / Eviction / Atty ? (by Jeff [CO]) Mar 18, 2019 7:04 AM
LLC / Eviction / Atty ? (by LindaJ [NY]) Mar 18, 2019 7:20 AM
LLC / Eviction / Atty ? (by Jeff [CO]) Mar 18, 2019 7:28 AM
LLC / Eviction / Atty ? (by NE [PA]) Mar 18, 2019 7:40 AM
LLC / Eviction / Atty ? (by MikeA [TX]) Mar 18, 2019 7:48 AM
LLC / Eviction / Atty ? (by Roy [AL]) Mar 18, 2019 8:49 AM
LLC / Eviction / Atty ? (by Hoosier [IN]) Mar 18, 2019 9:14 AM
LLC / Eviction / Atty ? (by Vee [OH]) Mar 18, 2019 9:24 AM
LLC / Eviction / Atty ? (by myob [GA]) Mar 18, 2019 12:26 PM
LLC / Eviction / Atty ? (by Jeff [CO]) Mar 18, 2019 12:52 PM
LLC / Eviction / Atty ? (by NE [PA]) Mar 18, 2019 1:41 PM
LLC / Eviction / Atty ? (by myob [GA]) Mar 18, 2019 1:47 PM
LLC / Eviction / Atty ? (by Roy [AL]) Mar 18, 2019 4:13 PM
LLC / Eviction / Atty ? (by RB [MI]) Mar 19, 2019 5:00 AM
LLC / Eviction / Atty ? (by myob [GA]) Mar 19, 2019 5:05 AM
LLC / Eviction / Atty ? (by Roy [AL]) Mar 19, 2019 7:06 AM
LLC / Eviction / Atty ? (by John... [MI]) Mar 19, 2019 8:49 AM
LLC / Eviction / Atty ? (by John... [MI]) Mar 19, 2019 8:50 AM
LLC / Eviction / Atty ? (by myob [GA]) Mar 19, 2019 11:52 AM
LLC / Eviction / Atty ? (by Roy [AL]) Posted on: Mar 18, 2019 5:53 AM Message:
In about an hour, I will filing an eviction on a tenant that has been a PITA for the last 3 years. One of the forms that I have to fill out is an Affidavit that states whether I am filing as a Sole Proprietor, Partnership or an LLC. If I check the LLC box, at that point I am required to have legal representation which I do not need. In the past, I have always checked the Sole Prop. box.
My question is: Why does filing as an LLC require a lawyer to handle your eviction?
--68.63.xxx.xxx |
LLC / Eviction / Atty ? (by Jeff [CO]) Posted on: Mar 18, 2019 6:00 AM Message:
Check the sole proprietor box. --76.120.xx.xx |
LLC / Eviction / Atty ? (by NE [PA]) Posted on: Mar 18, 2019 6:00 AM Message:
Alabama State Law. --174.201.xx.xx |
LLC / Eviction / Atty ? (by Roy [AL]) Posted on: Mar 18, 2019 6:11 AM Message:
There is any justification for this ? I see this a reason NOT to put your properties in LLC's.
The only reason I do not call my attorney for evictions is because they move slower than I do. I can get a deadbeat out in 21 days flat. When a lawyer is involved, even with a simple uncontested eviction, 4-6 weeks or longer is the norm. --68.63.xxx.xxx |
LLC / Eviction / Atty ? (by NE [PA]) Posted on: Mar 18, 2019 6:15 AM Message:
Roy, there's more many other reasons to put it in the LLC, than not doing it simply for this. You don't have to have the attorney file the paperwork for you or do anything else, you can keep everything moving along and just have them show up for court. (Obviously keep them in the loop.)
Here I don't need an attorney for the LLC filing, I just need an authorized agent form completed which I typically type up myself. If they were to go to appeal and I was in an LLC, I would need the attorney then.
If you hold the property in an LLC and lease it out in an LLC, I certainly wouldn't lie on the court paper and select sole proprietor. --174.201.xx.xx |
LLC / Eviction / Atty ? (by S i d [MO]) Posted on: Mar 18, 2019 6:15 AM Message:
Aside from saying, "Because the law says so...."
An LLC is a separate legal entity, much like a corporation. You are allowed to represent yourself in court: however, you are NOT allowed to represent anyone else, person, entity, or being. That would be practicing law without a license, which is a crime.
This is also how LLCs limit liability. The lease is between the tenant and Awesome Properties, LLC, so why would Roy be personally liable? That's the theory any way. We can get into whether or not sole member LLCs offer any protection in another thread. --173.20.xxx.xxx |
LLC / Eviction / Atty ? (by Jeff [CO]) Posted on: Mar 18, 2019 6:25 AM Message:
I will never understand why people don't use lawyers for stuff like this. You know what they say about he who acts as his own lawyer. --76.120.xx.xx |
LLC / Eviction / Atty ? (by NE [PA]) Posted on: Mar 18, 2019 6:27 AM Message:
In this case, a lawyer isn't required for something basic like an eviction for non payment. If I can DIY this, why add another $500 to the bill that I'll most likely never collect anyway?
Most landlords around here represent themselves for a basic hearing like this. --174.201.xx.xx |
LLC / Eviction / Atty ? (by Jeff [CO]) Posted on: Mar 18, 2019 6:29 AM Message:
Because it's a business, not personal, and I want it done right. And it's hard to believe that an eviction lawyer here in expensive Denver charges $350 for a FED and it's $500 elsewhere. --76.120.xx.xx |
LLC / Eviction / Atty ? (by NE [PA]) Posted on: Mar 18, 2019 6:36 AM Message:
I haven't lost a case yet. Maybe you need more experience? --174.201.xx.xx |
LLC / Eviction / Atty ? (by myob [GA]) Posted on: Mar 18, 2019 6:36 AM Message:
Roy you need to get the "DESIGNATION OF AGENT FOR BUSINESS ENTITY" affidavit.
It designates you to represent the business entity in this litigation.
We submit with every court appearance. --99.103.xxx.xxx |
LLC / Eviction / Atty ? (by Roy [AL]) Posted on: Mar 18, 2019 6:38 AM Message:
Jeff,
99% of all of the evictions I have done in 13 years, were nothing more than pushing a few sheets of paper through the legal system. I have had one eviction back-fire on me when my deadbeat wanted a court date so her free legal aid attorney could argue her case,...I won that case too but again, because an attorney got involved, there were constant delays (they call them 'Motions to stay').
Now, if a tenant ever sues me,...at that point, I will be calling my pit bull attorney to join the fight. --68.63.xxx.xxx |
LLC / Eviction / Atty ? (by Jeff [CO]) Posted on: Mar 18, 2019 6:43 AM Message:
Roy, I get it. Good luck.
NE, experience at what? Doing a worse job of screening tenants so that I get more evictions under my belt? I haven't had one in 10 years or more. But if I did, I choose not to waste time going to the courthouse and filing for an eviction when I can have a lawyer do that. I run my business as a business. --76.120.xx.xx |
LLC / Eviction / Atty ? (by NE [PA]) Posted on: Mar 18, 2019 6:48 AM Message:
None in 10 years, consider yourself lucky. --174.201.xx.xx |
LLC / Eviction / Atty ? (by WMH [NC]) Posted on: Mar 18, 2019 6:49 AM Message:
CHECK STATE LAW! In NC we *can* represent our LLC as long as we are one of the managing members. I called NC specifically before we set ours up just because of this details.
Anyone can represent anyone in NC small claims court anyway as long as they state they know the facts of the case. --50.82.xxx.xx |
LLC / Eviction / Atty ? (by WMH [NC]) Posted on: Mar 18, 2019 6:51 AM Message:
Jeff, you never see lawyers in Small Claims here (eviction court.) Unless the owner lives out of state or something and has no one else to rely on. --50.82.xxx.xx |
LLC / Eviction / Atty ? (by Jeff [CO]) Posted on: Mar 18, 2019 7:04 AM Message:
WMH, here in Colorado small claims cases are heard in county court, which is higher than small claims. --76.120.xx.xx |
LLC / Eviction / Atty ? (by LindaJ [NY]) Posted on: Mar 18, 2019 7:20 AM Message:
I imagine each state has their own laws on which courts, how to file, who can file and how much you can file for. Let's not get snippy about how each of us chooses to run our business. What works for some, does not work for others, that is fine.
Roy, how do you file your taxes? I do not file my LLC taxes as an LLC, I file as a sole proprietor because it is better tax wise and I am the only member of the LLC. I cannot actually answer your question as to why an LLC requires a lawyer, but maybe because it is a "Corporation" which gives the idea of an actual company? --108.4.xxx.xx |
LLC / Eviction / Atty ? (by Jeff [CO]) Posted on: Mar 18, 2019 7:28 AM Message:
LLCs are pass-through entities. There should be no real difference with taxes paid with an LLC vs. a sole proprietorship. An LLC gives its owner more legal protection and looks more professional. --76.120.xx.xx |
LLC / Eviction / Atty ? (by NE [PA]) Posted on: Mar 18, 2019 7:40 AM Message:
LLC's can elect to be taxed different ways. I have one that is taxed as an S-corp and doesn't show up on my personal return. It's done that way for the flip houses for fica taxes. --174.220.xx.xxx |
LLC / Eviction / Atty ? (by MikeA [TX]) Posted on: Mar 18, 2019 7:48 AM Message:
If the LLC is listed as the Landlord on the lease then I would check the LLC box, otherwise I would check sole proprietor. You might run the risk of ticking of the judge when he/she reads the lease and sees that it is for an LLC.
My personal view is that the lawyers have the statutes rigged to generate more business, after all a lawyer wrote most of them. --50.26.xx.xxx |
LLC / Eviction / Atty ? (by Roy [AL]) Posted on: Mar 18, 2019 8:49 AM Message:
MikeA
In court, the eviction judge here always asks me "Do you have a lease with this tenant?" I have always said 'Yes' but not once has the judge ever asked to actually see the lease, much less read it. I guess he assumes all leases are the same and mine is no different.
--68.63.xxx.xxx |
LLC / Eviction / Atty ? (by Hoosier [IN]) Posted on: Mar 18, 2019 9:14 AM Message:
I have an LLC also. I was told that in Indiana we don't need an attorney to file, but if the damages exceed a certain amount then we need an attorney for the following portions of the eviction process. Maybe check to see if this is what they meant.
I don't know why. --99.92.xxx.xxx |
LLC / Eviction / Atty ? (by Vee [OH]) Posted on: Mar 18, 2019 9:24 AM Message:
Same here as Sid describes, but the preserving the 3 day pay or quit must be in court cross examining it tenant declined knowledge of this notice. I would advise every business owner to spend some time observing the eviction court in action at least every 6-8 months for common training including Jeff, business knowledge is power.
--76.188.xxx.x |
LLC / Eviction / Atty ? (by myob [GA]) Posted on: Mar 18, 2019 12:26 PM Message:
Roy I was right in the middle of emailing you when my computer decided to reboot itself-- even when I said no-- not now. Gee's.
Roy I hate to tell you but some here have no idea what they're talking about. You have said you are an LLC and yet when the court asked you said sole-prop? You have lied to the court? There asking for a reason and your not telling them because you may know your suppose to own up to what type business you are.
I like you and some others have never been asked , while in small claims court filing a dispo, any questions about entity. When a tenant answers the dispo and a court date is set-- we use the atty that the apts use and have done that for 10+ years. When it get to the judgment and garnishment proceedings -- those judges know their stuff and they do ask for the affidavit. WE don't go into court without it. You want to look like a fool when the judge asks for the affidavit-- just say "oh no judge I don't have anything" -- your done- your toast.
You have to be appointed by the LLC to represent it. By appointed I mean a notarized copy of the document not just because you say so. Roy one last thing. One of the judges we go before has known us for years. Fact is, he use to represent us, when he first started out in law and I'm pretty sure he forgot. I don't care if we just went before him last week-- he's going to make you produce the document for the new case.
Also Roy-- when before the judge-- he wants a copy-- his very own-- of the lease and all pertinent papers-- and you better have it.
Without being to rude maybe this is why many of your lose your cases right out of the gate. Paperwork is the life blood of the court--- you can never give them tooooo much. Lying is never good -- it's not as bad as getting caught though. --99.103.xxx.xxx |
LLC / Eviction / Atty ? (by Jeff [CO]) Posted on: Mar 18, 2019 12:52 PM Message:
Vee, eviction proceedings don't interest me. I have been at this since 1997, and have only had a handle of evictions. My lawyer handled them. I supposed I could have hung out with the boiler guy to see how he installed one recently, or the roofer, but I don't want to spend time that way. That's just me. I would handle a (very rare) eviction the way I handle all concerns - I let a pro handle it. --76.120.xx.xx |
LLC / Eviction / Atty ? (by NE [PA]) Posted on: Mar 18, 2019 1:41 PM Message:
Like anything else in this business, you need to understand COMPLETELY as much as possible. For your own benefit. The ins and outs. Plus to know if you're getting ripped off or being given the run around. With boiler guys, roofers, as well as lawyers. Lawyers maybe even more so. --50.32.xxx.xxx |
LLC / Eviction / Atty ? (by myob [GA]) Posted on: Mar 18, 2019 1:47 PM Message:
When it comes to collections and garnishment-- try to find a specialist for that. You go to court and you see the atty's asking other atty's what to do.
My manager has trained himself in collections for our business and although he can do dispo court we don't allow it-- we use an apt atty. As much as we would like to use a collection co. -- those of you who have been doing LL'ing for a living know there is no one better then the company itself to collect its debt. NONE.
--99.103.xxx.xxx |
LLC / Eviction / Atty ? (by Roy [AL]) Posted on: Mar 18, 2019 4:13 PM Message:
Myob,
I think you are making a mountain out of a mole hill here. The Affidavit form I referenced here is just a legal formality more than anything else. Once I turn it over to the clerk, no one checks it for accuracy. And if I end up in front of a judge (which is rare),..the judge could care less if I filed as Sole Proprietor or whatever. All he seems to care about is how quickly can he get all of these irritated LL's and deadbeat tenants out of his courtroom.
--68.63.xxx.xxx |
LLC / Eviction / Atty ? (by RB [MI]) Posted on: Mar 19, 2019 5:00 AM Message:
Well Class, what did ya learn on that one ? --184.53.x.xx |
LLC / Eviction / Atty ? (by myob [GA]) Posted on: Mar 19, 2019 5:05 AM Message:
Roy if that is your attitude why did you even ask?
RB MI lets see what did I learn again? -- you can lead them to water you can't make them drink?
Never time to do it right always time to do it twice? --99.103.xxx.xxx |
LLC / Eviction / Atty ? (by Roy [AL]) Posted on: Mar 19, 2019 7:06 AM Message:
Myob
All I wanted to know was 'why' an LLC requires an attorney? Nothing more, nothing less. I probably need to ask my own attorney this question and not you all.
--68.63.xxx.xxx |
LLC / Eviction / Atty ? (by John... [MI]) Posted on: Mar 19, 2019 8:49 AM Message:
I'm with myob on this. I've been stating this for years now. In MY state -- like MANY states -- you cannot represent yourself or your LLC for eviction cases.
Landlords here seem to want the best of both worlds -- they expect an LLC to protect and insulate them from a lawsuit when a tenant wants to sue -- but want the exact opposite when they have to take a tenant to court!
You can't have it both ways.
And, Roy, as far as just answering your question and ignoring the rest, SID actually did it a long time ago as the 4th or 5th respond in this thread. He said it well:
"An LLC is a separate legal entity, much like a corporation. You are allowed to represent yourself in court: however, you are NOT allowed to represent anyone else, person, entity, or being. That would be practicing law without a license, which is a crime."
In most states, a person that is not a lawyer (even if they happen to be a managing member of a corporation or legal entity) cannot practice law on behalf of that entity without a license to do so.
If you are treating an LLC the way you are SUPPOSED to treat it if you expect it to do anything for you when it comes to legal liability, then you shouldn't be throwing yourself into that legal liability when it is convenient (or "cheaper") for you.
Again, Sid answered your question very well with a simple paragraph. Do you read it?
- John...
--24.180.xxx.xxx |
LLC / Eviction / Atty ? (by John... [MI]) Posted on: Mar 19, 2019 8:50 AM Message:
Just to clarify my first statement there -- of course you can represent yourself for an eviction case if you are a sole proprietor. I meant when you are part of an LLC.
--24.180.xxx.xxx |
LLC / Eviction / Atty ? (by myob [GA]) Posted on: Mar 19, 2019 11:52 AM Message:
Roy I don't know whn I don't know why the sky is blue? You need an atty because it's the law for LLC or FLP's. How about if you don't have an ATTY-- YOU don't need one if you bring the form I mentioned.
So to answer this question-- you don't need an atty if you have the form.
You are from AL?
What is so complicated Roy. --99.103.xxx.xxx |
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