Legal Question in Business Law in Arizona

My husband owns a small company (sole propriet) and is being sued in small claims court. He has no employees (unless you count me). I handle his administrative needs inclusive of drawing up service contracts. He is being sued in small claims court based on being breach of one of these service contracts that I set up. Can I appear on behalf of the company? Would he need to complete a power of attorney for me to do so? We are in Maricopa County, AZ.

Asked on 3/09/11, 10:45 am

1 Answer from Attorneys

Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

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You kind of answered your own question. The rule is that a corporation must be represented by an attorney in court proceedings. (I wonder who thought up that rule?) But, if you are doing business as a sole proprietorship (say, e.g. Joe Smith as Joe's Repair) (and NOT Joe Smith as sole shareholder of Joe Smith INC.) then you do not need an attorney to appear. However, for matters over $2,500 up to the limit of $10,000 the other parties make invoke the Rules of Evidence and the Rules of Civil Procedure and you will be a fish out of water. This firm offers a flat fee for behind the scenes service in Justice Court cases (the costs to appear for you would often exceed the amount in question). The Justice Court judges typically even grant fees in such cases because the cases are "less of a mess" when the client knows what to do. (Ghost work in other courts and cases is frowned upon).

Anyway, looks like you are OK.

Best regards,

Donald W. Hudspeth

Law Offices of Donald W. Hudspeth, P.C.

3030 North Central Avenue, Suite 604

Phoenix, Arizona 85012

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