Q: I was recently served summons&comp. breach of contr. was told i can not repesent myself. need clarification.
I own a business that is incorporated in California. I was recently served with papers informing me that I'm being sued regarding a breach of contract. I am located in San Bernardino County. I tried to file my response to the court case and they said I could not file it because legal counsel didn't represent me. is there a way to get around this or do I have to get a lawyer? I'm the company's sole owner and have been in business since 2014. this is my first legal issue.
EDIT ADDITION: Breach of contract case State Fund (wcomp ins.policy) v Me. my Company is NOT an LLC.
A:
The LLC needs to be represented by an attorney, except in small claims court. The fact there is only one owner is irrelevant. Sorry.
Finding the right attorney may take some effort. Without knowing the situation, I cannot guess what may be appropriate. Good luck.
Rob Kane
1 user found this answer helpful
A:
Under California law, a corporation must be represented by a licensed attorney in court proceedings. This rule applies even if you are the sole owner of the corporation. The reasoning behind this is that a corporation is considered a separate legal entity from its owners, and representing a corporation in court is considered practicing law.
However, there are a few potential options you can consider:
1. Hire an attorney: This is the most straightforward solution to ensure your corporation is properly represented in the legal proceedings.
2. Attempt to settle out of court: You may be able to negotiate a settlement with the other party without going to court. However, it is still advisable to consult with an attorney to ensure your rights are protected.
3. Dissolve the corporation and represent yourself: If you dissolve the corporation, you may be able to represent yourself in the lawsuit as an individual. However, this can have significant tax and liability consequences, so it's essential to consult with a legal and tax professional before pursuing this option.
4. If the claim is for a small amount, you might be able to file in small claims court, where attorneys are not required. However, there are limitations on the types of cases and the amount of damages that can be sought in small claims court.
Given the complexity of the situation and the potential consequences, it is highly recommended that you consult with a licensed attorney who can review the specifics of your case and provide guidance on the best course of action.
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