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Update On Who May Represent A LLC in Eviction Court: New Rules To Start September 1st

Posted by Tristan R. Pettit, Esq. in Evictions, LLC's / Comments

Those of you that have been following my blog are aware that Milwaukee County Small Claims Court has indicated that it will not allow non-attorneys to represent LLC's in court in the near future.

My earlier posts on this topic can be read here and here.

A fellow board member from the AASEW informed me today that one of the owner's of a property he manages was handed the notice that I reproduced in my earlier post (you can read it here here), as he was leaving small claims court.  The notice indicated that he would no longer be allowed to represent his LLC's in small claims court as of September 1, 2009.

He indicated to the commisioner that handed him the notice that he was a full-time employee of the LLC and therefore can appear on behalf of the LLC in small claims court as allowed under Sec. 799.06(2) of the Wisconsin Statutes.  The court commissioner's reply was something to the effect that, " I see you down here [small claims court] a lot, and you have many LLC's.  There is no way that you can be a full-time employee of all of them or you would have to work hundreds of hours per week."

This issue seems to coming to a head very soon.  Unless you are a full-time employee of an LLC, and you have written records to prove this, it looks as if September 1, 2009, will be the deadline by which you will need to have made arrangements to have an attorney represent your LLC's in Milwaukee County Small Claims Court or risk having your case either adjourned or dismissed.

 

03/23/15 - UPDATE - Act 76 (effective 3-1-14) now allows non-attorneys to represent LLC's

Tristan is the Executive Vice President and shareholder with the law firm of Petrie+Pettit and focuses his practice in the area of landlord-tenant law representing landlords and property management companies throughout Wisconsin.