Michigan HB 4463 would allow single member and married owners of LLCs to represent themselves in evictions. This has passed the Michigan House but is stuck in the Michigan Senate committee. MI LLs should call their State Senator to ask for this bill passed and signed in lame duck

The bill would add Section 5707 to Chapter 57 (Summary Proceedings to Recover

Possession of Premises) of the Revised Judicature Act to do the following:

-- Allow a member of a limited liability company (LLC) to represent the entity in a

summary proceeding if the LLC had only one member who was an individual, or

had two members who were individuals married to each other, and other

conditions were met.

-- Specify that Section 5707 would apply to an LLC with two members who were

married to each other only if both members signed a verified statement

There's a saying amongst attorneys-- "An attorney who represents himself has a fool for a client." :P

I had my second eviction since 2010 the other week ago. For my first eviction, the other side didn't show up on time, and so I won by default. This time, the other side showed up-- but didn't contest anything. So I won again.

But it was very comforting seeing the preparation my attorney had done, just in case it wasn't so easy. When it was over, he drafted the final order and judgment.

I know TX and MI are different in a lot of ways. And I'm sure there are plenty of very competent MI LL's who know their stuff forwards and backwards, and would appreciate the ability to not have to pay someone to do it. So I'm all about breaking the guild system-- and the Bar Association protects its turf very, very fiercely!

Deanna,

But would you also hire an electrician to replace a light bulb.

The vast majority of evictions are pretty simple. And most here agree it is worth the legal fees saved.

To spend a few hours in court and learn.

Or hire an attorney the first time.

Problem i’ve Never been able to reconcile about this cin my mind is: the piercing of the corporate veil. Only an attorney can represent someone else. If the owner of the LLC is allowed to represent the LLC, then they have ‘outed’ themselves as the owner. So, now someone suing an LLC would only have to look up any past judgements involving that LLC to find out who is the owner of the LLC.

Wasn’t separation of personal and business the assets point of the LLC ? If the owner does work for the LLC, the owner could also be named separately as a defendant in a suit just as any employees involved are concurrently named anytime there is litigation against any company, in an effort to cast as wide a net.

Not sure of any of it. I don’t happen to do LLC; one of the reasons is I do most of the work, so would be named in any suit anyway. I do have high liability insurance, and am pro-active about safety.

I sent am email to my senator as well. I like the idea of being able to file my own evictions again.

I've been a landlord for about 10 years now and my properties are in an LLC. Before I transferred them to the LLC, I used to file my own evictions and never had any real issues other than a few hiccups as a newbie.

I admit that sometimes I don't evict as soon as the 7 day notice expires because I don't want to pay the attorney. I am reluctant because if I think the tenant is going to pay, the additional attorney fees and court cost may change their ability to pay in full and they'll decide to just make you evict them. I do admit that paperwork from an attorney's office does carry a certain weight that tenants seem to respect.