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How would this work for businesses? The owner or CEO gets dragged in? Seems unlikely, otherwise you could just DoS a business by keeping their leadership embroi

How would this work for businesses? The owner or CEO gets dragged in? Seems unlikely, otherwise you could just DoS a business by keeping their leadership embroiled in small claims issues. I imagine you can't have outside counsel represent you, but the business can probably send their own lawyer and delegate authority to them.

cbsks 7y ago
When suing a corporation in small claims court in the state of California, an attorney may only be present if they are an officer or director of the corporation and all other officers and directors are attorneys. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=116.530.&lawCode=CCP https://leginfo.legislature.ca.gov/faces/codes_displaySectio... The corporation doesn't need to be represented by an officer or director, however, they can also be represented by a non-attorney employee: "a corporation may appear and participate in a small claims action only through a regular employee, or a duly appointed or elected officer or director, who is employed, appointed, or elected for purposes other than solely representing the corporation in small claims court." https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=116.540 https://leginfo.legislature.ca.gov/faces/codes_displaySectio....
- cthalupa 7y ago
  Looks like this is a per state thing. If my googling is accurate, this is only true in California, Michigan, and Nebraska. New York, where KitSplit is based, definitely allows a lawyer to represent you in small claims court.
  - cbsks 7y ago
    I can’t find an authoritative source right now, but some random legal advise websites mention that some states allow you to sue an out-of-state business in small claims court as long as you are a resident.
duiker101 7y ago
I think they send an employee of the company. I don't remember the story but I read someone that was suing one of the big fast food chains and they just kept sending a store manager

cbsks 7y ago

When suing a corporation in small claims court in the state of California, an attorney may only be present if they are an officer or director of the corporation and all other officers and directors are attorneys. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=116.530.&lawCode=CCP https://leginfo.legislature.ca.gov/faces/codes_displaySectio... The corporation doesn't need to be represented by an officer or director, however, they can also be represented by a non-attorney employee: "a corporation may appear and participate in a small claims action only through a regular employee, or a duly appointed or elected officer or director, who is employed, appointed, or elected for purposes other than solely representing the corporation in small claims court." https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=116.540 https://leginfo.legislature.ca.gov/faces/codes_displaySectio....

cthalupa 7y ago
Looks like this is a per state thing. If my googling is accurate, this is only true in California, Michigan, and Nebraska. New York, where KitSplit is based, definitely allows a lawyer to represent you in small claims court.
- cbsks 7y ago
  I can’t find an authoritative source right now, but some random legal advise websites mention that some states allow you to sue an out-of-state business in small claims court as long as you are a resident.

duiker101 7y ago

I think they send an employee of the company. I don't remember the story but I read someone that was suing one of the big fast food chains and they just kept sending a store manager