Legal Question in Business Law in New Jersey

Can a partner (officer) of a LLC in NJ, file as case against a vendor of LLC on behalf of the LLC prose (without an attorney) for recovery of money owed by the vendor to the LLC?


Asked on 5/31/12, 2:42 pm

1 Answer from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

�For every problem there is a solution that is simple, neat and wrong.� H.L. Mencken.

Take a look at NJ Court Rule 1:21-1(c). Who May Practice; Appearance in Court. Prohibition on Entities. Except... [as to] R. 6:10 (appearances in landlord-tenant actions), R. 6:11 (appearances in small claims actions), R. 7:6-2(a) (pleas in municipal court), R. 7:8-7(a) (presence of defendant in municipal court) and by R. 7:12-4(d) (municipal court violations bureau), an entity, however formed and for whatever purpose, other than a sole proprietorship shall neither appear nor file any paper in any action in any court of this State except through an attorney authorized to practice in this State.

If you're asking for yourself, consider this... if you don't know that an LLC has "members" (not "partners") and you can find the applicable Court Rule, shouldn't you hire a lawyer?

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 5/31/12, 3:06 pm


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