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Need judge to sign Motion to Vacate Washington

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  • Need judge to sign Motion to Vacate Washington

    My LLC is broke and has been dissolved. I was the sole proprietor. Prior to dissolution, I showed up in court to defend myself against a breach of contract case. As it turns out, an LLC must be represented by an attorney in Washington state, so a default judgement was entered against me. I am without money to afford a lawyer but I am considering filing a Motion to Vacate the judgement. This requires the signature of a judge.

    I will be in court regarding the same case on Friday and will try to defend against a motion to add my new company. Likely I will once again not be allowed to speak on my own behalf. However I will try to introduce an affidavit instead. The same judge will be hearing the case and I am wondering whether it would be advisable to ask him to sign the Motion to Vacate. If not, how would I find a judge to do so?

    Thank you.

  • #2
    I am not a lawyer in Washington state but I would guess that if you ask a judge to sign an order to vacate without using an attorney, you are going to find yourself with exactly the same problem you had before. If an individual who is the sole member of an LLC cannot appear on behalf of the LLC to defend against an action, he or she also probably cannot proceed with a motion to vacate with an attorney.

    Is there a local bar association in your area that provides assistance to small businesses who can't afford an attorney?
    David K. Staub (www.illinoisbusinessattorney.com)
    Forum posts are not legal advice, are for informational and educational purposes only, and are not a substitute for proper consultation with legal counsel.

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