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Can I file my own answer to a lawsuit that was filed against our own company as well as us as individuals?

We live in Florida and have a corporation. My husband and I signed as personal guarantees on this business loan. We will be filing bankruptcy in about one month and do not want to spend the money to have an attorney answer the lawsuit for us. Can I file my own response for our corporation or does a response have to be filed by an attorney?

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Attorney answers (3)

Reputation Level 20
As inidividuals you can sign an Anwer pro se. In most states a coporation must use a lawyer (you can call the court to find out). Failing to answer properly on behalf of the corporation may lead to a default judgment against the corporation.

You might find my legal guide on selecting and hiring a lawyer helpful.
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(Even if you are not filing a lawsuit this information can be useful).
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.The prior federal administration severely weakened most state’s laws against excessive interest. Unpaid debts now have practically no ceiling on interest which means the final bill can be much more than the original debt.
When you have received a collection notice, lawsuit or even a judgment on an old debt which may have already been paid, or belongs to someone else, or has been discharged in bankruptcy, keep the following in mind. After a creditor writes off your debt, it can then be sold to a collection agency. That agency may sell it again and the next one again. By the time the debt is assigned to a law firm, it can be years pass the statute of limitations, all of the original contracts have been lost and there may be no legal foundation for enforcing the debt. One way of knowing this is that the agency will have no discernible address or they will say they are collecting from a creditor, but the creditor does not know who they are. They will call you at work , and they will not listen to any explanation at all. They will refuse any suggested payment plan and demand a large sum at once. Often these collection agencies and even law firms will file a suit against you, misspell your name, or deliberately send it to the wrong address. You have no notice but they go to court anyway, get a default judgment against you when you do not come to court, and file a judgment lien on your assets such as a home you are trying to sell, or they report you to a credit bureau as a deadbeat. You are allowed to send a 100 word explanation in writing to the three credit bureaus (which they must print) as to why the debt is invalid. Also, many attorneys will take such a case on a contingency basis. A Violations of the fair debt collection act has a fee shifting rule (the creditor pays your attorney). Not only do you get the debt out of your life, you may get a financial award also. Be sure to write to your congress representative to have a stronger federal law to restore a ceiling on interest and to curtail these illegal collection practices.

LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.

Reputation Level 15
In Florida a corporation must be represented by an attorney in court. You and your husband can answer personally by both signing the answer. Are you filing bankruptcy with the assistance of an attorney or without. I know you are trying to save money but a poorly filed petition can create more problems for you. You should also be sure to file a Suggestion of Bankruptcy in the this lawsuit after filing the bankruptcy petition. Many bankruptcy attorneys don't help with that. Get an attorney that will at a minimum prepare the form for you to file.

Reputation Level 13
We do not have an attorney-client relationship, I do not have complete information, and nothing herein is or may be relied on as legal advice.

You MAY be able to file an answer on behalf of a corporation IF the claim was filed under the small claims rules. Otherwise, I believe you would not be permitted to do so. If the corporation has no assets and/or will also be declaring bankruptcy, that may effect your decisions as to how to proceed.

Best wishes.
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