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I have a couple of questions about the best way to file an

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"affidavit judgment claim" in small...
I have a couple of questions about the best way to file an "affidavit judgment claim" in small claims court.

I have done this before, and it is pretty simple however, there are a few nuances to this case and I want to be sure I'm doing it right.

First of all, we own an autobody repair shop. A customer brought his vehicle to us to have it repaired and was a self-pay. We had all the necessary forms signed, etc. At the end of the repair, low and behold, he did not have the funds to pay for the service, so he got his father involved in it. After a few weeks of haggling (because apparently his father did not want to pay either), his father finally paid for the repairs to his sons car with a credit card. We did not release the car until all the forms and charge slips were signed. A day or 2 later, he filed a protest with his credit card company and they took the money out of our account and asked us for documentation, which we gave them. After an investigation, they sided with us and gave the money back. About 2-3 weeks later, the money came out of our account again for the same customer as he apparently was not happy with their decision. After more investigation and more documentation, the credit card company sided with him, and now we have to chase this customer down in small claims court for $1300.00.

My question is, we are incorporated. How do I fashion the suit, in my inc. name or my trading name? And because it was the sons car but the father paid the bill, do I list them both as co-defendants? I have more questions about this, but I'll let you answer these first.

Thanks
Submitted: 6 years ago.Category: Business Law
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Answered in 13 minutes by:
10/3/2011
Business Lawyer: Dwayne B., Attorney replied 6 years ago
Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 34,052
Experience: Practicing for over 20 years and helped a number of businesses with litigation.
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You file in your Inc. name and list both as co-defendants. However, there may be an issue with you filing for your corp. because the law doesn't normally allow a person who is not a lawyer to file a lawsuit on behalf of a corporation. Every now and and then a judge will let it slip by but there are a number of issues that could arise because you do so.


Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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Customer reply replied 6 years ago
That was going to be my other question. I knew that about the corporations being restricted by filing claims without an attorney, but I was also told that it could be done if the amount of the claim was under $10,000. (It used to be $5000.00 in Maryland, but they raised that to $10,000). Is this correct information?
Business Lawyer: Dwayne B., Attorney replied 6 years ago
The one time I've been involved in a case there the judge required a lawyer, but the facts were unusual.

Whether it is required by the court or not you should definitely use one. Your attorney's fees will be recoverable and, in addition, the fact that you didn't use one could be used against you later to "pierce the corporate shield" and prove you aren't really operating as a corporation.


Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 34,052
Experience: Practicing for over 20 years and helped a number of businesses with litigation.
Verified
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