How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

I plan to take a RV dealership, which is a small corporation,

This answer was rated:

I plan to take a RV dealership, which is a small corporation, to small claim court in Colorado over a dispute on extended warranty issue, I plan on serving the registered agent. My question has to do with possibly attorney representation for the defendant and attorney fee in the small claim court in Colorado.

The CO law 13-6-407, (2) (a) (II) reads:

(II) It is the intent of this section that no attorney, except pro se or as an authorized full-time employee or active general partner of a partnership, an authorized active member or full-time employee of a union, a full-time officer or full-time employee of a for-profit corporation, or a full-time employee or active member of an association, which partnership, union, corporation, or association is a party, shall appear or take any part in the filing or prosecution or defense of any matter in the small claims court, except as permitted by supreme court rule.

(1) Am I correct in understanding above mentioned law that an attorney can represent the dealership only if the attorney is a full-employee?

(2) If the dealership manages to be represented by an attorney within the law, in that case I know that I have the right to use attorney as well but I don't plan on doing so. My question is can they be awarded the attorney fee should they win?

Thank you very much!

Thank you for your question. Find my answers below.

1. Only an "in house" attorney can represent a company in small claims court. That means that RV dealership cannot hire an outside attorney to come represent them.

2. No, attorney's fees are only awarded where they are allowed by statute or by a contract. If you are disputing a warranty issue, then this is not the type of case where attorney's fees can be awarded. Further, because attorneys are not allowed in small claims court, the attorney cannot claim fees because they are compensated in house. In other words, the RV Dealership would not be able to incur attorney's fees because it did not have to go out and specially hire an attorney to represent them in the claim.

I hope this helps.

Best Regards,
TexLaw and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thank you very much!

Glad to be of service

Related Legal Questions