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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Business Law
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I have a small claims case with a corporation. He tried to

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I have a small claims case with a corporation. He tried to file a motion to dismiss without an attorney. If he shows up to our hearing without an attorney, what will happen. The judge already told him he must attend with an attorney
Submitted: 5 years ago.
Category: Business Law
Expert:  J.Hazelbaker replied 5 years ago.

He won't be allowed to do anything without an attorney. The judge will let you present your case, even call the person to the stand and force him to answer questions under oath, if you need. But, the person will not be allowed to do a single thing in defense of the corporation without an attorney.

 

If the hearing is on the motion to dismiss and he shows up without an attorney, he will lose the motion. Also, having been warned, the judge might order sanctions against the man for wasting your and your attorney's time (assuming you are represented).

 

 

Please let me know, if you have follow-up questions.

 

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J.Hazelbaker, Attorney
Category: Business Law
Satisfied Customers: 4385
Experience: Experienced and trained in the area of business law.
J.Hazelbaker and 8 other Business Law Specialists are ready to help you
Expert:  J.Hazelbaker replied 5 years ago.
Your supplemental information popped up after I posted. If the defendant corp has not filed an answer, then you could move for default at the hearing based on the defendant's failure to answer within time. The filing of the motion to dismiss by a non-attorney does not stop the clock to answer the complaint, which is normally 28 days.

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