Legal Question in Civil Litigation in California
can I be served as
I formed 3 years ago a llc but never was a directore or member of the llc - i only did the paperwork. Today I got a complaint against the LLC in the mail. The complaint has been served to the agent in delaware who accepted it on behalf of the llc then sent it to me. The complaint mentions as defendants the llc, its director and ''does 1-15'' alleging that they are employees, agents or servants of the llc or the its director. I provided few services for the llc or the director such as incorportating the llc, sending an email introducing the director etc. Thus I could be seen as one of the ''does'' - I wonder now if I have been served and need to react or if I need to get served under my name. Thanks for any advice in advance.
2 Answers from Attorneys
Re: can I be served as
Obviously I haven't seen the lawsuit, but from what you're saying looks like only the LLC was served (and it must respond, only through an attorney, within 30 days). Stop re-asking your question here and retain an attorney to respond to the lawsuit.
Re: can I be served as
In general, to be personally served the other side must have some one who is not a party to the action give the documents directly to you or someone at your business very likely to hand them to you. The summons must show that Doe 1 is amended to be you; for statute of limitation purposes, when it is known who a doe is the statute begins running.
It seems to me that the plaintiff is not trying to bring you into the lawsuit. Call their attorney and wihtout giving out your URL or address, find out what if anything he wants of you. By the way, you only problem might be that you were engaged in the unauthorized practice of law in that it seems you did all the legal work involved in setting up the LLC.
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