You have not provided enough information to answer this question appropriately. In general, an out of state entity must be served with pleadings or there must be some business activity in the state to allow the secretary of state to be served on its behalf. You really need to consult an attorney to be sure you and the LLC and its members are protected.
The above answer is not to be considered legal advice and should not be relied upon as such. You should consult your attorney for specific legal advice as to your individual situation.
It depends on what the claim is? You need to provide more facts about the claim and the connection of the claim to what appears to be a Michigan Probate. Ownership of the LLC interest by the decedent would be in the Michigan but claims by the decedent or the decedent's estate against the LLC or its member may very well be Florida jurisdiction.
The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.
Please provide more details so that a more informed answer could be provided. Thanks!
I may be further reached by email (firstname.lastname@example.org) or through my website (www.bocadelrayattorneyatlaw.com). Please note, however, that the hiring of a lawyer is an important decision and should not be based solely upon advertisements or the like. Before you decide which attorney to retain, please ask for free written information about their (or my own) qualifications and experience. Also, providing an answer to your question does not constitute in any manner whatsoever a client-attorney relationship or privilege between us.
Without proper service of process that such a claim is pending - No. If the members of the LLC HAVE been properly served and failed to file an appropriate response within the time allotted, then they are in default. If improper jurisdiction is claimed, then that should have been argued in the response to the initial pleading. Whether or not jurisdiction exists is based on the "minimum contacts" rule, so not enough information to answer with specificity.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : email@example.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.
As indicated by all of the other answers, there are just not enough facts here to provide a clear answer. As an attorney licensed in both Michigan and Florida, however, I can tell you that a Probate Court has pretty much the same powers in equity as a Circuit Court in Michigan. Therefore, if properly served, the Court has the authority to enter the judgment. Whether it can be set aside due to improper service is a factual question.
I agree that you need to hire counsel and you have given us inadequate facts to answer your question.
Generally, a court can only enter a judgment against a person or business entity if it acquires personal jurisdiction over the person or entity. Personal jurisdiction is usually only acquired by serving the person or entity with a summons and complaint by personal service. However, even if the court obtains personal service over the defendant, the court may not enter a judgment against the defendant unless the person has sufficient minimium contacts with the State (here Michigan) attempting to excercise jurisdiction over the defendant. If the person does not have sufficient minimium contacts with the state, the court cannot enter a judgment that binds that person.
You state that the judgment is a default judgment by the probte court in Michigan. Probate courts often do not excercise personal jurisdiction over beneficiaries but only excercise jurisdiction over the property under its control. However, Stock is personalty which is probated and disposed of by an estate in the estate of the decedent's domicile or residence.
You definitely need to hire an attorney to advise you as to the issues. Good Luck.