Small Claims/LLC Question

[oceanbaby]

I have a few questions regarding small claims court. My husband(custom home builder) is a sole member of an LLC in TN. He has no employees. Between the years 2006-2007, he built a large, custom home in same county as we reside. He had a contract with two painters (made at end of 2007) to paint all the interior of this home. They were pre-paid (during Christmas when we went on vacation) and left the job. One of the men has been making payments monthly (signed a contract with my husband) to rectify situation. Other man has paid back nothing. We want to take him to small claims court for the money he owes, (9,800.00) but have had some conflicting information as to if we can file without a lawyer. I called the clerk of courts before going in and they said he could file on his own w/out a lawyer.
But when I went to file, I was told that since my husband has an LLC, he had to get a lawyer to file for him.

My questions are:

1. In TN, can my husband file a small claims without a lawyer?
2. Is there a statute for this claim?
3. If a lawyer is needed to file a small claims, do we have to retain one for the court precedings?
4. Do we file under the defendent's DBA or his legal name?
5. Does my husband file under his LLC name or just his name?

Thank you in advance for any help and your time.

 

[dee_dub]

I am not familiar with TN's small claims procedures, but I would be surprised if a lawyer was required. Small claims courts are usually user-friendly to laypersons. Your husband, the principal of the LLC, should be able to file suit on its behalf. If the clerk wont let him file, he should ask to speak to someone else or be pointed to a rule preventing him from filing for the company.

What sort of statute are you looking for? This sounds like a fairly clear breach of contract. No statute required.

File against the defendant in his real name and DBA. File in the name of your husband's business (since that is who the money is owed to).

 

[oceanbaby]

dee_dub,
Thank you for all your insight. I filed this afternoon. In TN (or atleast where I live), you may file on your own, but the clerk of courts said if you are an LLC, you have to have representaion on court day. Strange, huh?!

 

[dee_dub]

I don't buy that either. Unless by "representation" they simply mean "somebody authorized to act on behalf of the company". There is almost certainly no requirement that an LLC be represented by a lawyer. Again, I'd ask them to point you to the rule requring this.