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!