In California, if I sue a corporation can they have an attorney represent them? If not, who has to appear on behalf of the corporation?
Tags: Attorney, California, Claims, Corporation, Court, Have, Represent, Small, Them
In California, if I sue a corporation can they have an attorney represent them? If not, who has to appear on behalf of the corporation?
Tags: Attorney, California, Claims, Corporation, Court, Have, Represent, Small, Them
Although small claims courts have always prohibited the participation of attorneys, an exception has been made in the case of corporations, which obviously have to appear by some natural person, including an officer or director. The appearance of an officer or director who was also an attorney was not prohibited. (Prudential Ins. Co. v. Small Claims Court, (1946) 76 Cal.App.2d 379.)
However, the Legislature has provided that in the case of a partnership or a professional corporation, an attorney who is a partner, or officer or director, can appear in a small claims action only if all other partners, or officers and directors, are also attorneys. (Code Civ. Proc., sec. 116.530, subd. (b).) I have not seen any judicial authority discussing whether this same rule should also apply in the case of corporations which are not professional corporations, or whether the previous rule permitting any officer or director to appear, even if that person is an attorney and other officers or directors are not attorneys, continues to be effective.
Attorneys are not allowed in small claims courts, period. A representative (employee) of the corporation you are suing who has knowledge of the situation would appear in court. But they are not allowed to send an attorney.
Lawyers are not allowed in small claims court. Large corporations often don’t even show up, because it isn’t worth their time.
Yes, they can and so can YOU. The thing about Small Claims Court is that you don’t have to have any attorney
Not only “Can they” but be assured, they will.
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I have a law degree (JD) and have many years of experience as a law clerk / Legal assistant and paralegal. I can pretty much prepare most legal documents for you. I have the legal knowledge and research ability to do the work correctly.
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While it may seem that on daytime television, small claims matters are straightforward one should ensure they adequately prepare with either retaining professional legal agents as the process is actually quite difficult
The impression one gets of a easy process of small claims court sometimes comes from our daytime television viewing of courtroom dramas. Instead, a respondant should seek adequate legal representation in their jurisdiction as the procedure really can be quite daunting instead
While our paralegal doesn’t give advice for this jursidiction more and more matters are going to small claims court instead and one can feel like its easy which is a bad assumption. One should be seeking the advice of a proper lawyer as the process in small claims court are complex.
Further, things with mediation would make it seem like it is an easy process like on daytime television courtroom dramas, in fact one should seek advice from a legal agent in your jurisdiction to go forward with your issue to ensure that you dont have further problems, court rules are quite complex these days.