Legal Question in Civil Litigation in Georgia

Civil suit against a LLC

I filed a civil case against the owner of a business in Georgia and when we appeared in court the judge said that the defendant was served improperly and that I would have to ammend my paperwork to have him re-served because I failed to put ''LLC'' on the end of the business name when I filed the suit, and that it would have to be served only to the registered agents address that is on file with Sec. of State. The address on file is with S.O.S. is no longer his address. Does this make sense that he can get out of the suit because his business is a LLC? How do I go about getting this guy served and avoid having the judge let him off again on some other technicallity? Can I have it served to his home address or to his attorney?


Asked on 1/07/09, 7:32 pm

3 Answers from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Civil suit against a LLC

Without knowing the details of the law suit, you can generally serve an officer of a company if the registered agent address is not valid. Have a business attorney review the situation and assist in the law suit.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

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

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Answered on 1/08/09, 9:18 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Civil suit against a LLC

If you cannot even properly get the lawsuit started, it is an indication you need a lawyer when it comes to the issues that are actually difficult. Guiding you through a pending lawsuit with specific advice is beyond the scope of this forum.

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Answered on 1/07/09, 8:05 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Civil suit against a LLC

The simple answer here is that you don't know what you're doing and messsed up badly, but the goiod news is that you MAY have time to fix the problem if you don't let the statute run. Suing the wrong person is NOT a technicality. If you have a good case and enough is involved, consider using a lawyer. Not using one is almost a guarantee of losing a case when youy don't know the basics (like that a corporation is a separate legal person).

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Answered on 1/07/09, 9:36 pm


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