I had read other information on another site that stated "a corporation may not appear as a plaintiff without an attorney, but may appear as a defendant through an officer, director,manager or supervisor. I am confused. This was posted by Lawyers.com in an article titled "IL What is small claims court?" I have been in smal claims court before as a plaintiff and the defendant (which was a corporation) came without an attorney. The judge,however, told them they had to have an attorney to represent them and would not let them proceed in the case. At the time I did not know this. They ended up settling with me out of court. I assume because the cost to defend themselves would have been so much greater than the ost of the damages I was asking for.
Relist: Other. I am needing additional information in regard to my question and am not getting a reply. Why would there be 2 different answers to my original question? Which is correct?
“No corporation may appear as claimant, assignee, subrogee or counterclaimant in a small claims proceeding, unless represented by counsel. When the amount claimed does not exceed the jurisdictional limit for small claims, a corporation may defend as defendant any small claims proceeding in any court of this State through any officer, director, manager, department manager or supervisor of the corporation, as though such corporation were appearing in its proper person. For the purposes of this rule, the term ‘officer’ means the president, vice- president, registered agent or other person vested with the responsibility of managing the affairs of the corporation.”
I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
I stated in my original question that I was the plaintiff. I was confused because the judge did not allow the person to represent the company in an earlier suit. I assume it was because they did not meet the criteria for who could represent the LLC as the defendant. The LLC I am suing now has an agent. I was able to access this information on the Illinois Secretary of State site. I have been negotiating a settlement with the owner of the company. He does not believe his company is liable in my case. He states his offer to pay part of my claim is a good will gesture on his part to me as a customer. I do think his company is liable, since the damages occurred at one of his carwashes by his equipment. Can he negotiate with me? Is this even legal? He has offered me a partial payment of my claim if I will also sign a release form. Since I want to recover the full amount of my damages, I did not accept. Our negotiations have gone no further, so I am going to take it to small claims court. That being said, do I forward the summons to the agent and his address or the principal office, since these are two different locations. I want to be correct so I don't have to send it twice. Since the damages were under the amount of their insurance deductble, the insurance company will not pay the claim. They did not deny that the company was liable in my case. This was the owner's assessment. Any additional information regarding this case would be helpful.
The insurance company neither denied nor confirmed any liability. The owner stated that because the damage to my vehicle was not caused due the malfunctioning of his equipment that he was not liable. The guide rails at the car wash caused damage to my vehicle during the car wash process. The guide rail equipment has nothing built into them to prevent damage to the wheel if or when it comes in contact while driving into the bay area. My vehicle was purchased new in March, so needless to say I was very upset when the guide rail scraped the chrome cladding off the outer rim of my expensive wheels.The owner stated that the stationary guide rails are designed to help guide one into the bay. Since these guide rails are intended to help guide one's vehicle into the perimeters of the bay to prevent damage by the equipment during the wash cycle, they should not be causing damage to one's vehicle in the process. I believe his company is liable. I did not waive my rights when proceeding into the bay and believe I acted in a responsible manner. If a person ventures onto my property or into my home and sustains an injury my insurance company is held liable for damages. This is why I carry homeowner's insurance. Do you you think I have a valid claim? Did the owner's willingness to pay a portion of the claim and request that I sign a release form in some way constitute an admission of his liability?
Do I have the burden of proving his equipment was defective? I believe it was not built in such a way to prevent damage and it definitely caused the damage.
Do you think I have solid claim to proceed with in proving his liabiliy/
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).