Saturday, December 20, 2014

Representing A Corporation Pro SeI saw a posting on this site by someone requesting Calfornia statute information. Ironically most of the so...

Question

Representing A Corporation Pro Se

I saw a posting on this site by someone requesting Calfornia statute information. Ironically most of the so called lawyers, kept stating that only a lawyer can represent a corporation in court.

One very wise and helpful lawyer, Bryan Whipple, stated:

"the law that makes it possible for a non-lawyer to appear on behalf of a corporation in Small Claims Court is Code of Civil Procedure section 116.540(b)."

Can someone please tell me what the equivalent case law is for FLORIDA. I.e to allow me, the owner of the LLC to appear before the Judge to represent my firm.



Answer

In a small Claims action ( claim less than $5000.00 in county court ) where the business entity is not engaged in the business of collecting debts:

"Any business entity recognized under Florida law may be represented at any stage of the trial court proceedings by any principal of the business entity who has legal authority to bind the business entity or any employee authorized in writing by a principal of the business entity. A principal is defined as being an officer, member, managing member, or partner of the business entity."

In all other cases the business entity must be represented by an attorney.



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