Legal Question in Civil Rights Law in Florida

Civil lawsuit

I had a business that closed in April 2007 in the state of Florida. It was a service-based business that relied on membership payments for revenue. No retail sales. I had to break the lease on the storefront from where we operated. We had six more months left on the lease at the time of business closing. We did not sign a personal guaranty for the lease.

The property owner is now suing our (defunct) company (an LLC) for the back rent payments plus CAM. We are not named personally in the suit.

As the managing member of the LLC, I answered the suit to the court and the plaintiff�s attorney. The plaintiff has now requested a Motion for Default from the court because I am not an attorney and am apparently �not authorized� in the state of Florida to answer for the LLC. No trial date has yet been put on the court docket.

We will surely lose the case as the company does owe the funds. My issue is with the amount of money the plaintiff says they are owed. However, we have no money to hire an attorney to represent the company in court. There are less than zero assets remaining in the LLC.

My questions are: Is there any way this business non-payment can reflect on our personal credit report?


Asked on 1/18/08, 6:47 pm

1 Answer from Attorneys
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Civil lawsuit

Since you did not sign a personal gurantee, unlikely. If the corporation really has no assets, then the judgment should be a matter of paper only with plaintiff unable to collect.

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Answered on 1/20/08, 3:58 pm


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