4 ms·

You can't have an attorney represent you in small claims court, but can someone else file and appear on your behalf? If so, perhaps someone in the Bay Area sho

You can't have an attorney represent you in small claims court, but can someone else file and appear on your behalf? If so, perhaps someone in the Bay Area should setup a company that helps people sue Google in small claims court. Charge a couple hundred bucks or something.

briansmith 18y ago
No, you cannot represent somebody else in small claims court, even if you are a licensed attorney. The plaintiff and the defendant must represent themselves. If either one is a corporation, then an employee of the corporation (not a hired lawyer or consultant) must represent the corporation.
- ryanwaggoner 18y ago
  Not disagreeing, but do you have a source? Also, what if one of the parties is bedridden or something?
  - deleted 18y ago
    [deleted]
  - mattmcknight 18y ago
    That's the whole concept of small claims court (no attorneys). Laws are per state: http://www.courts.state.va.us/pamphlets/small_claims.html http://www.courts.state.va.us/pamphlets/small_claims.html
  - chriskelley 18y ago
    California Code of Civil Procedure 116.540 [1] "116.540. (a) Except as permitted by this section, no individual other than the plaintiff and the defendant may take part in the conduct or defense of a small claims action." Most of the exceptions detail that the person appearing has to be a regular employee of the plaintiff, if not the plaintiff themselves. [1] http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.510-116.570 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&#3...
    - Keyframe 18y ago
      So, technically you could have an attorney as an employee for a month or two and have him/her represent your company in the court?
      - ryanwaggoner 18y ago
        No, unless the attorney is defending himself/herself or is a general partner in a law firm being sued: 116.530. (a) Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action. (b) Subdivision (a) does not apply if the attorney is appearing to maintain or defend an action in any of the following capacities: (1) By or against himself or herself. (2) By or against a partnership in which he or she is a general partner and in which all the partners are attorneys. (3) By or against a professional corporation of which he or she is an officer or director and of which all other officers and directors are attorneys.
        handelaar 18y ago
        Is there some way we can downvote this so far that it doesn't break the layout on this page and render almost every other comment illegible? Seriously. PLEASE quit that crap with the nowrap <pre>.
tjic 18y ago
> You can't have an attorney represent you in small claims court Laws vary by state. In Massachusetts, you CAN have an attorney.
briansmith 18y ago
Why not just sue them in your own local small claims court? You are more likely to win by default.
- ryanwaggoner 18y ago
  You're usually required to file in the defendant's court, and with good reason. The judge will likely toss the case out unless you have a really good reason for not filing here.
  - fatdog789 18y ago
    That's so wrong that it hurts. There is no legal obligation to file in the Defendant's court. US law allows a lawsuit to be filed in (1) the plaintiff's home court, (2) the defendant's home court, or (3) the home court of the jurisdiction where the events giving rise to the lawsuit took place. Forum selection clauses ARE NOT BINDING UNLESS SIGNED IN WRITING. Most courts will not honor forum selection clauses between consumers and corporations due to the unfair bargaining power in the relationship. The other primary justification is that the corporation can afford to travel to a city where they willingly do business (i.e., provide goods or services.) CHOICE OF LAW CLAUSES ARE BINDING. That simply means that the the court hearing the case may have to apply the law of a different state.
    - ryanwaggoner 18y ago
      See where I said "usually"? http://www.scselfservice.org/small/plaint/smallplantfiling.htm http://www.scselfservice.org/small/plaint/smallplantfiling.h...

briansmith 18y ago

No, you cannot represent somebody else in small claims court, even if you are a licensed attorney. The plaintiff and the defendant must represent themselves. If either one is a corporation, then an employee of the corporation (not a hired lawyer or consultant) must represent the corporation.

ryanwaggoner 18y ago
Not disagreeing, but do you have a source? Also, what if one of the parties is bedridden or something?
- deleted 18y ago
  [deleted]
- mattmcknight 18y ago
  That's the whole concept of small claims court (no attorneys). Laws are per state: http://www.courts.state.va.us/pamphlets/small_claims.html http://www.courts.state.va.us/pamphlets/small_claims.html
- chriskelley 18y ago
  California Code of Civil Procedure 116.540 [1] "116.540. (a) Except as permitted by this section, no individual other than the plaintiff and the defendant may take part in the conduct or defense of a small claims action." Most of the exceptions detail that the person appearing has to be a regular employee of the plaintiff, if not the plaintiff themselves. [1] http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.510-116.570 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&#3...
  - Keyframe 18y ago
    So, technically you could have an attorney as an employee for a month or two and have him/her represent your company in the court?
    - ryanwaggoner 18y ago
      No, unless the attorney is defending himself/herself or is a general partner in a law firm being sued: 116.530. (a) Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action. (b) Subdivision (a) does not apply if the attorney is appearing to maintain or defend an action in any of the following capacities: (1) By or against himself or herself. (2) By or against a partnership in which he or she is a general partner and in which all the partners are attorneys. (3) By or against a professional corporation of which he or she is an officer or director and of which all other officers and directors are attorneys.
      - handelaar 18y ago
        Is there some way we can downvote this so far that it doesn't break the layout on this page and render almost every other comment illegible? Seriously. PLEASE quit that crap with the nowrap <pre>.

tjic 18y ago

> You can't have an attorney represent you in small claims court Laws vary by state. In Massachusetts, you CAN have an attorney.

briansmith 18y ago

Why not just sue them in your own local small claims court? You are more likely to win by default.

ryanwaggoner 18y ago
You're usually required to file in the defendant's court, and with good reason. The judge will likely toss the case out unless you have a really good reason for not filing here.
- fatdog789 18y ago
  That's so wrong that it hurts. There is no legal obligation to file in the Defendant's court. US law allows a lawsuit to be filed in (1) the plaintiff's home court, (2) the defendant's home court, or (3) the home court of the jurisdiction where the events giving rise to the lawsuit took place. Forum selection clauses ARE NOT BINDING UNLESS SIGNED IN WRITING. Most courts will not honor forum selection clauses between consumers and corporations due to the unfair bargaining power in the relationship. The other primary justification is that the corporation can afford to travel to a city where they willingly do business (i.e., provide goods or services.) CHOICE OF LAW CLAUSES ARE BINDING. That simply means that the the court hearing the case may have to apply the law of a different state.
  - ryanwaggoner 18y ago
    See where I said "usually"? http://www.scselfservice.org/small/plaint/smallplantfiling.htm http://www.scselfservice.org/small/plaint/smallplantfiling.h...