I am awaiting a SSD hearing next month, currently indigent with no resource for an attorney. Suing party is asking Judge to award a default judgement because I have not hired a attorney for response. Suing party states GA law requires ONLY a attorney can answer the suite. Is this true, or can registered agent answer? I also need to request assistance as my disabilities have worsened.
If you're going to run an LLC, you should have a lawyer, as they have complex consequences and may or may not even be a good idea. With the exception of magistrates court, Georgia law is very clear - corporations must use attorneys in court (except Magistrates Court). If that was something you lacked the resources to do, ever forming an LLC was a bad plan. I expect their motion may be granted; perhaps a lawyer can head it off but you may be too late - see a lawyer to find out. There is no legal aid for corporations and attorneys are not appointed in civil cases, so you'll have to fund this yourself.
If you're indigent and the LLC has no assets this may matter less than you think, although you need to see a lawyer to determine if you have assets at risk.
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LLCs and Corps generally require attorney representation in courts of record. I have filed and won that exact motion. If your LLC is undercapitalized, you may run the risk of being named personally or being subject to a second lawsuit personally against you. At least with the LLC, you are not personally liable. If your LLC cannot afford an attorney, it doesn't sound like much of loss (at least economically) to splash it. You can't get blood from a turnip, and you can't get money from an LLC that does not have any. If, however, the lawsuit is important to you not to lose, I would suggest that you find the resources for an attorney yesterday.
Only an attorney can represent an LLC in court. If an answer not filed within 30 days after service on the registered agent, a default judgment
can be entered against the LLC.
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