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Re: Do you have to hire an attorney to evict for LLC
by NY-LL
on June 8, 2012 @11:59
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In some small claims courts a corporation can be represented by a key employee which leads to the conclusion that an LLC can be represented by a member. Unfortunately, evictions in most states are not done in small claims court but in civil court where corporations (and likely LLC's) would have to be represented by an attorney. Landlords can certainly file for eviction without an attorney and see how far into the process you're allowed to move forward.
If landlord doesn’t want to consult an attorney, the suggestion would be to try it on your own, but first contact the court clerk’s office to confirm the protocols.
If landlord manages to get beyond the court clerk, the next obstacle would be the tenant moving for dismissal based on lack of proper representation. The tenants may not have enough legal knowledge to figure that out. The judges, however, has the authority to dismiss on their own volition if self-representation is not possible by an LLC.
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