Legal Question in Civil Litigation in California

I may have to sue in small claims to settle a dispute with a Tax Preparation Service. The owner of the Tax Preparation Service Franchise is an attorney at law. Since I cannot have an attorney represent me at the small claims court, can the owner of the franchise represent himself since he is an attorney?

Also, the Tax Prep franchise states on their web site and on the wall in their offices "We guarantee our service 100%. If you are not satisfied for any reason, we will refund your preparation fees.� I disputed the fees charged by the service after being quoted a price of "about $300 maybe a little more, maybe a little less" then being charged $520 after completing my return. I formally complained to the tax preparer, their enrolled agent and the owner (the attorney) and asked that the additional $220 be refunded. None accepted my offer but instead began stonewalling me. I have since rescinded the offer to accept a partial refund and now expect them to honor their guarantee of a full refund since I am not 100% satisfied. How long must I wait for them to honor their guarantee before filing a small claim?


Asked on 4/13/10, 11:43 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

First, you should make sure you have an elected or appointed judge, and not a pro tem judge who is a lawyer sitting as a temporary judge.

Send them a certified return receipt letter setting a reasonable date for the refund. If you don't receive it by that date, then you have proof you made the demand, and you could file the small claims lawsuit. The only factors that drive the decision about when to file is how long you want to wait before the money is paid to you, and a four-year statute of limitation on an agreement in writing.

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Answered on 4/18/10, 1:01 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Attorneys are allowed to represent themselves in small claims court, just like everyone else. If they were forbidden to do so, they would never be able to oppose such lawsuits and would always lose by default. Such a result would be unjust.

By definition, corporations cannot represent themselves in court. They actually cannot do anything by themselves since they are artificial entities. They can only act through individuals authorized to act on their behalf. A corporation that is sued in small claims court may send any regular officer or employee to court as its representative, even if that person is an attorney. But it cannot give an attorney a part-time position solely to enable her to make such appearances.

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Answered on 4/18/10, 2:31 pm


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