LLc being sued - Posted by M/C

Real Estate Investing Real Estate Law
1

Posted by Bill H on February 04, 2007 at 21:53:56:

Just an observation…I agree with you Michael. It would sure irritate the pee-waddling out of me to get sued for no reason.

However last time I looked we had one attorney for every 425 people in this country and were the most litigous society in the world.

Japan was the least with one attorney per about 11,000.

Looks like he has gotten caught up in a suit where the suing attorney is looking for anybody with deep pockets…has cast his net and is trying to reel someone in. Sad but true…it is a fact of life in the USA.

Good Luck,
Bill H

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LLc being sued - Posted by M/C

Posted by M/C on February 03, 2007 at 18:32:07:

NY LLc being sued.Someone is sueing a Church and added everyone with the same FIRST name as the church to the suit.Our lawyer sent letters (3)and cant get us off suit.
Just received letter requesting retainer to go to court to resolve this.Plantiffs attorney was not convinced we were not the parties involved.Any help would be appreciated on how to handle this situation before we pay more money and is there any recouping the fees extended for this.

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Formal Answer needed NOW - Posted by John Merchant

Posted by John Merchant on February 06, 2007 at 11:09:04:

Sounds like your lawyer doesn’t quite get it.

ANYTIME anybody gets sued on a silly deal like this, he needs to have his lawyer file a formal Defendant’s Answer asap into court records.

Couldn’t tell you how many times I’ve had a client drop off some nutty suit like this for me to answer with Defendant’s Original Answer…and then watched as the suit basically died when the Plaintiff’s lawyer realized his game was up and his bluff had been called.

There are, unfortunately, lawyers whose forte and “strength” are intimidation of frightened Defendants; and when those Defendants stand up and fight back the Plaintiff’s so-called lawyer is in no longer interested, or his plaintiff/client isn’t willing to put up the legal fee demanded by the lawyer.

Last time this happened to me was on a CA deal where a client REI in CA had asked me to do a good bit of work to clear up a CA title and for my efforts, had agreed in writing to grant me an interest in the CA RE.

That CA REI then changed his mind, after my work had been done and benefitted him and decided not to honor his written agreement.

A stupid mistake on his part.

He then eventually hired a CA lawyer who filed Suit to Quiet Title and named a bunch of defendants to clear away their interests, real or imagined, in that CA property.

He named and served me in that list.

But when I filed my Defendant’s Original Answer, that lawyer was apparently shocked and stunned as his client had assured him I had no such interest, and when the lawyer realized I had written documentation of my legal interest in that CA RE, that lawyer was quick to offer me a cash settlement (and we did, soon, settle the case and I released my interest for cash received) as he didn’t want to really see me in court with my proof.

So pay the lawyer ( or one who knows the law) to prepare and file your Answer and do it within the few days allowed by State Rules of Civil Procedure in the state of suit.

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File Answer - Posted by Jimmy

Posted by Jimmy on February 05, 2007 at 07:01:56:

File your answer before the time limit runs out. 30 days is the norm. see if the law of the state in question allows sanctions and recovery of atty fees for filing frivolous claims. if so, be sure to ask for them inyour answer.

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Re: LLc being sued - Posted by Michael

Posted by Michael on February 04, 2007 at 11:42:11:

Can you be more specific?

You?re saying someone is suing a church, and just because your LLC has a similar name you’ve been named in the Lawsuit? For instance Wyoming Church is being sued, your LLC is Wyoming Properties?

Do you have any connection with the church? I have a hard time believing anybody could be that stupid to assume you would if in fact you didn?t. If you do have a connection then you will need to prove to the plaintiffs that you have no responsibility in what whatever happened.

If you don?t have anything to do with the Church you should fire your lawyer right now and sue back. Sue for all your legal expenses, defamatory charges and just a plain waste of your time. Don?t let someone push you around like that.

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Re: File Answer - Posted by M/C

Posted by M/C on February 05, 2007 at 20:05:11:

Spoke to attorney briefly,he said that is the sad part not able to recover fees of any sort!
Will appreciate any legal advice for NY LLc.

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Re: LLc being sued - Posted by M/C

Posted by M/C on February 04, 2007 at 14:04:22:

Yes.Our lawyer says he cannot convince the other lawyer that we are the wrong parties per his letter(s) and phone call.And other lawyer(s)are requesting a preliminary confrence with us.
a)must we go?
b)are we allowed by NY law to sue
c)Do we contact our ins co?

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Re: LLc being sued - Posted by Michael

Posted by Michael on February 04, 2007 at 19:21:44:

Do you really have absolutely nothing to do with the other party being named in the lawsuit?

A). If your lawyer cannot convey to the other parties you have no part in the lawsuit it would be smart to attemd.

B). Yes. It would be smart to file a lawsuit now, and it would also be smart to talk to other lawyers about another plan of action because yours seems to be a little bit off. If my company was asked to pay lawyer fees, and it was as simple as us having the same first name I would be irate.

C). Why?