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Ely, Attorney
Category: Business Law
Satisfied Customers: 99465
Experience:  Counselor at Law.
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I am a subchapter s coproration and was sued with a SUM-100

Customer Question

Hi Pearl
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: I am a subchapter s coproration and was sued with a SUM-100 i AM A corporation, subchapter s can I file PLD-C-010 AS PREsident of the corporation and sole shareholder or is it required I have an attorney file the response
JA: Since business law varies from place to place, can you tell me what state the corporation is registered in?
Customer: california
JA: Huh?
Customer: also can i file cross complaint without an attorney
JA: Have you talked to a lawyer yet?
Customer: yes
JA: What advice did they give you?
Customer: of course he wants to file the response and cross complaint for a $1500 retainer, the lawsuit is only for $10,000 and I can see attorneys fees going higher than that, that's why anything I can legally do myself i want to do
JA: Anything else you think the lawyer should know?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Corporate Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Business Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Small claims court gives exceptions to corporations representing themselves. In regular court, an attorney would be needed. But in CA small claims court, A corporation or other legal entity can be represented by a regular employee, an officer, or a director; a partnership can be represented by a partner or regular employee of the partnership. The representative may not be an attorney or person whose only job is to represent the party in small claims court.

So yes, one can then arguably file the reply and any counter-claim, without needing counsel, provided that the person filing fits one of the above.

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