Legal Question in Civil Litigation in California

Rights to defend a corporation

My small company is being sued

for an amount much more than

we owe. The attorney has said

''pay or go to court. Your attorney

fees will be more than the claim.''

I understand that eveb though I

am the majority stock holder I

cannot defend the corp. I cannot

afford an attorney. Do I just have

to pay whatever they ask?


Asked on 7/06/06, 8:32 pm

3 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Rights to defend a corporation

With the exception of small claims court, corporations cannot legally represent themselves in court without an attorney. If the corporation does not hire an attorney, it cannot legally respond to the lawsuit and a default judgment might be entered against it.

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Answered on 7/10/06, 6:42 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Rights to defend a corporation

How do you know you can't afford an attorney? How many attorneys have you called? Can you afford a huge judgment against you? If you will owe their attorney fees if you lose, they will owe yours if you win.

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Answered on 7/10/06, 7:04 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Rights to defend a corporation

If you're in Northern California, you might want to contact me to take a look at the claim.

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Answered on 7/10/06, 8:45 pm


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