Legal Question in Business Law in Georgia

Can an LLP represent itself on a Judgment in GA?

I want to clarify a question I previously asked because I do not think I was as clear as I should have been.

My business partner and I own an LLP in Georgia.

If we have a judgement that exceeds the $15k limit of small claims, and thus have to appear in a higher level court like State court in order to proceed with the recovery/enforcement of the judgment...can I or my business partner represent our firm in court on this matter or does GA law require us to hire an attorney?


Asked on 1/21/08, 2:43 pm

1 Answer from Attorneys

Jeff Kent Kent & Merritt, P.A.

Re: Can an LLP represent itself on a Judgment in GA?

An LLP cannot act as its own attorney in a "court of record". State and superior courts are courts of record, so an LLP (or its partners, unless they are attorneys) cannot represent the LLP. However, the LLP can take whatever legal non-judicial actions to collect the debt, such as collection letters, offers of settlement, etc.

I am a bit confused, however, by your statement that you may have "judgments" over $15k. Do you mean that you are owed more than that amount or that you have legal "judgments"? If you have legal judgments, then you may file liens, garnishments, fi fas, etc. without an attorney. If you have claims that have not been reduced to judgment, you may not represent the LLP in a court of record.

I hope that clears it up a bit. Feel free to contact me if you have additional questions.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.

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Answered on 1/21/08, 3:10 pm


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