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To: Balding_Eagle

I already have an idea on how to file. The guidebook I am using is from a U.S. District Court. I am not stupid, I will figure it out as I go along. I just need to get started. I have a case, I just can't afford an Attorney. One way or another, the asset will be sold. If I default on my debts, my creditors will take it. I have nothing to lose by doing this, you see?


4 posted on 11/10/2006 8:09:53 PM PST by lmr (The answers to life don't involve complex solutions.)
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To: lmr
I am not stupid, I will figure it out as I go along

It's not an issue of being stupid. I've dealt with a lot of legal matters over the years, and I can assure you that the law is absolutely designed to prevent people from doing it themselves.

If you've got a good case, you can find an attorney who will work for a piece of what you get.

I would urge you to find a lawyer. If you don't know what court to file in, you've got an uphill battle that you will likely lose.

That said, your LLC was likely created through your state secretary of state's office ... it's a state issue, not a federal issue, I would suspect.

14 posted on 11/10/2006 8:30:43 PM PST by SittinYonder (Why has my tagline gone all haywire?)
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To: lmr

I am not a lawyer, but .... you might look for an attorney who'd be willing to review the case and, if s/he found it a meritorious claim, agree to take it on a contingency basis ... if you win s/he gets 1/3 (or whatever you agree to), as in personal injury cases. Or, there are a few statutes that require the losing party to pay the winning party's legal fees and costs. I doubt that would apply here from the little info provided.

However, even in contingency cases, the client usually has to pay expenses ... regular administrative things like copies and postage/messengers, etc., don't come to that much, but depositions and expert witness fees are steep. You will need economic experts to determine the market value of your share of the LLC.

Your former partners would likewise have to hire an attorney or attorneys and face all the court costs and expert fees ... so it would be in their best interest to discuss buying you out at a reasonable, mutually agreeable cost. Litigation can take years and just wears out everyone's resources. It should be avoided if at all possible.

I would be hesitant to proceed pro se, but if that's your only option, you can find the Rules of any US District Court online. Same for most local courts.

I think US courts require a minimum value to the case of $75K. The filing fee is steeper than most local courts, around $350 or $450 (can't remember.

Think long and hard about this (within your statute of limitations) because you might be better off taking this loss and just getting on with your life. If you are young, especially, you can rebuild your life and credit in time. Probably in less time than it would take to litigate.

Good luck.


19 posted on 11/10/2006 8:40:55 PM PST by EDINVA
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To: lmr
"The guidebook I am using is from a U.S. District Court."

The LLC isn't a fed charter, it's a state limited liability corp charter. You must file your grievance in the appropriate state court.

"I will figure it out as I go along."

You won't get the cash to pay off the debts any time soon. You need a trustworthy atty.

"my creditors will take it"

It appears you're going for bankruptcy. You'll have to pay an atty up front. They'll use the court and their attys to get it. You could lose much more that way though. Present your predicament to a couple attys for consultations first.

32 posted on 11/12/2006 1:15:08 AM PST by spunkets
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