Legal Question in Credit and Debt Law in California

a client owes me $5,000. I sued in small claims court using my LLC company against him (I am the sold member). The judge said small claims has no jurisdiction on LLC plaintiff matters - that I had to hire an attorney and go to civil court. The minute order stated:

the entire action dismissed without prejudice. Prohibited assignment under ccp 116.420(a).

Court orders clerk's office to give notice. I went to the small claims clerk and they couldn't help me. I went to the help office and they said they don't give legal advice. So can I refile under my name instead of the llc....as sole member?


Asked on 4/25/12, 10:38 am

1 Answer from Attorneys

It depends on to whom the debt is actually legally owed.

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Answered on 4/25/12, 5:08 pm


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