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If you can, Thanks for your help. I am broke and struggling. I just need to start my life over. I was forced out by 1 of 5 other members and she used her marriage with one of the others to make majority decisions which made life impossible for me in my working capacity there. It is all very complicated, I am just trying to figure out which court to file the complaint in. I intend on doing it myself. Thanks.
1 posted on 11/10/2006 7:53:49 PM PST by lmr
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To: lmr

First, how are you computing its worth? Is it your impression of a future cash flow or the reality of the current situation?


2 posted on 11/10/2006 8:01:30 PM PST by ConservativeMind
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To: lmr

If you're in this deep, and don't know how and where to file, how on earth do you expect to prevail?

You need an attorney.

Can't afford one? Just walk away and save yourself the aggrevation of fighting a losing fight.


3 posted on 11/10/2006 8:03:37 PM PST by Balding_Eagle (God has blessed Republicans with political enemies who are going senile.)
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To: lmr

How did you walk away? You still own the interest in the LLC. Why did you walk away? Who is the managing member? Are you friends with this person?

We need more information.


6 posted on 11/10/2006 8:21:16 PM PST by common denominator
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To: lmr
Do you have any attorney friends you could just ask? Perhaps call a clerk at each of the courts and ask if their court is the appropriate venue for your case?

My husband has been approached asking if he would become a business partner with someone else - he always says "no". Sell out, maybe, but never take on a partner.

8 posted on 11/10/2006 8:24:50 PM PST by Tuscaloosa Goldfinch (good fences make good neighbors!)
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To: lmr

Would you accept a value determined by an arbitration panel ?

If so, would your former partners also agree ?

Arbitration would be a low cost solution and binding.


11 posted on 11/10/2006 8:26:57 PM PST by be4everfree (Liberals are "Thick as a Brick" ......JT)
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To: lmr

I will start out by saying I don't know anything about this.

But...

It would seem to me you can't force your "partners" to buy you out unless they want to. It would also seem that it would be your obligation to find a third party to buy you out and replace you in the LLC - not your partners.


22 posted on 11/10/2006 8:46:40 PM PST by DB (?)
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To: lmr; Sherri-D

It's a contract case. It can be initiated in the appropriate state court in Kansas, or possibly in Federal District Court but ONLY if all your defendants live in a different state from you. If not, you're in state court. And the determination of which state court has jurisdiction probably depends on the amount in controversy.


27 posted on 11/11/2006 9:24:06 AM PST by Larry Lucido
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To: lmr

They cannot be forced to buy you out. If you can substantiate a loss you might be able to sue.


28 posted on 11/11/2006 9:26:27 AM PST by RightWhale (RTRA DLQS GSCW)
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To: lmr

My non-lawyer, but very experienced pro se advice --

It doesn't much matter which court you file in, and in any event you should pay your lawyer for one or two more hours to help you develop a pro se strategy that you can implement on your own.

Remember that your focus should not be on actually winning the lawsuit, because that will only happen (or not happen) after getting to a judgment. And if it gets to the point of a judgment, the length of thatq process would likely have depleted any value you might have recovered from your asset. Whatever debts you have to pay off would probably be hopelessly delinquent by then, I'm guessing. And that's assuming, of course, that you actually win the judgment, and that the defendants have any assets available to collect.

The key to litigating in this matter is to use the process to cause as much pain for the other side as possible, so that at some point they decide that its cheaper to pay you off than to keep going.

As a plaintiff fighting pro se defendants, and also as a pro se defendant myself in two multi-million dollar, litigations, I leaned that the pro se party has a number of procedural advantages that are not available to lawyers.

Pro see parties are generally given more latitude in court, although as a pro se plaintiff you will need to be more careful about not pushing the judge to the point where he's pissed off at you.

Example: In my state, when one party in a litigation files a motion, the rules say his attorney has to send a copy of it to opposing counsel, who then has 13 days to write a response and send it to the motioning party. Then that party has to file both the motion and the opposing response at the same time.

As a pro se defendent, I learned that I could write a short motion, send it to the other attorney, who would then have to write a lengthy response and send it back to me. Then I would never file the motion with the court. But opposing counsel was still billing his client for the time to write the response.

I never got called on this practice, and even if I did, I knew I could just go into court and say: "Well, you honor, not being a lawyer, I wrote this motion in good faith. But when I read opposing counsel's response, I decided that I would be unlikely to prevail on the motion so I just never filed it."

The idea is to make the process as expensive and time-consuming as possible for the other side. You have to be careful about this, because there is a line that you can't cross without running afoul of the judge. But you can put your toes right up to that line enough to drive opposing counsel crazy and his clients to want to get rid of your claim.

I learned and practiced a number of successful pro se strategies designed not to win the case, but to tie up the opposing side procedurally and make them spend money on process.

Of course, it was cheaper for me than for them, because I didn't have any lawyers to pay.

But of course, it took me an enormous amount of hours, because I had to write my own pleadings (fortunately I was able to steal a lot of boiler plate by reading what attorneys for other parties wrote).

Plus, I also had to become passingly familiar with the Rules of Civil Procedure (you'll need a copy from your court's jurisdiction), and occasionally hired a senior law student to do some caselaw research. (It was cheap.)

The whole process took a lot out of me, and took two years, but in the end I was able to get out of two simultaneous multi-million dollar lawsuits for a total of only twelve hundred dollars.

Good luck. It's a very tough task you're contemplating taking on, but I know from long experience that you can do a lot of damage to the otherside if you are a smart pro se defendent, and drive them to a settlement.


29 posted on 11/11/2006 10:49:43 AM PST by Maceman (This is America. Why must we press "1" for English?)
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