I am probably going to need to file on a tenant. The property is in my name. I never got it in the LLCs. But I wrote the contract with my LLC name with me as the owner/manager.

In Indiana , and LLC legal action needs to be done by an attorney.

I would prefer to handle this on my own under my own name.

Can it be or will it be thrown out as it's not filed by the attorney due to it being leased by the LLC with me signed as owner/manager?

Don't know, not an attorney. I had all my properties in the LLC name...I would sign closing documents as follows (assuming XXX is my LLC name and I made up a fake name for myself of Joe Dokes):

"XXX LLC, Joe Dokes as agent"

"My lawyer doesn't really want to file without a big collection of rents"

Lucy, you might sneak it past the judge, but I wouldn't try it.

If you get paid by the LLC you can file. I do not collect funds like that so I have to use an attorney.

No clue who you are using now, but my guy doesn't care how much you are suing for. At least he never has for me.

Shoot me a text as a reminder and I will send his contact info to you.

In my state, who can file is determined by the name on the title.

If it's held by an LLC, you'll have to pay a lawyer.

If it's held in your personal name, you can file. You'll still have to provide a copy of the lease, but your LLC just MANAGES the property. As the owner, you should be able to represent yourself.

If the contract says something and you plan on using that same contract as the reference to file, I would think you are setting yourself up for failure.

Wow Hoosier!

Lucy,

375 evictions here.

By Indiana law the owner can file and sue up to $10,000 in Small Claims.

If the LLC becomes an issue the "Registered Agent" of the LLC can file up to $6000 without an atty.

I would file as

"Lucy Darling as Owner and Registered Agent"

Smaller amounts are easier and more cooperative by the evictee so FILE NOW! Ask around - does your judge allow you to file before issuing a 10 day Late Notice? Some do, some make you wait the 10 days.

I HIGHLY recommend signing up for LegalShield (a MrLL vendor). You can call and talk talk to an Indianapolis lawyer at O'Koon Hintermister any time on any topic. I have been a member for YEARS and use them frequently.

BRAD

Did Indiana change to a 10 day notice?

Our judge allows eviction to be filed immediately, by the way. Have a waiver in your lease.

I wasn't aware that as an officer of the LLC I could represent for 6k or less. That is good info.

But, since I do not have many evictions now that I choose tenants better I think I will just pay the lawyer. Keeps me from doing anything except show up a couple times. Then I don't have to worry that I missed something.

Thanks Brad,

I thought you had made comment before on this subject but I couldn't find it.

10 days? ot oh, I thought we could give a 3 day notice which I is what I did. Did I mess it up?

It seems he is going to be out tomorrow (He thinks) so I won't file eviction and just file civil if necessary.

His deposit will cover rent but I am certain it will not cover damages.

Let us know if he actually moved. I can't see him getting everything out that fast, especially since he was a bit of a collector of stuff.

Maybe he will use the weekend?

Also did some searching about the 10 day wait and found this: