Legal Question in Business Law in Illinois

What is it called to have your name removed from a lawsuit?

I am named in a lawsuit against an LLC that I am a signer and member of. I am trying to find cases that are similar to mine in that I should not be named in the lawsuit. What is this called and how do I do research on this subject?

The company that is suing is seeking damages from a large debit.

Thanks.


Asked on 9/02/08, 3:05 am

2 Answers from Attorneys

Re: What is it called to have your name removed from a lawsuit?

I would try looking at the statute first. Since LLC law is relatively new, you may want to search for the term "piercing the corporate veil".

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Answered on 9/02/08, 8:37 am
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: What is it called to have your name removed from a lawsuit?

You are seeking to get yourself dismissed from the case. But the thing that you need to look into is whether you are a personal guarantor for the debt (if you are, then you aren't going to be easily removed from the suit). You also want to confirm that your annual fees are up to date for the LLC.

The other answerer is right that you want to look into piercing the corporate veil, but that is irrelevant if you are a personal guarantor for the debt.

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Answered on 9/02/08, 6:00 pm


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