Legal Question in Business Law in Illinois
My corporation in Illinois is suing another corporation in small claims court in Cook County, Illinois for $2100 for breach of contract (District 5 in Bridgeview). I am the registered agent of my corporation. I tried to sue pro se, but the judge said I needed an attorney since an officer cannot represent a corporation. I contacted a few, and it will cost more to retain an attorney than the actual amount I am suing for. In all the brochures about small claims court, it also says a corporation as the plaintiff must have an attorney. One attorney directed me to Illinois Compiled Statue 735 ilcs 5/2-416. This states that an officer may represent a corporation if the amount is under $2500, which it is. Do I bring a copy of this code to court and present it to the judge so I can represent myself for the coporation? Do I have to have an attorney? Is it worth getting an attorney when actual damages are $1100, and I am asking for another $1000 for breach of contract? Any help is appreciated or any attorney that would be willing to do it inexpensively or pro bono is much appreciated.
3 Answers from Attorneys
Thank you for your question. As this is a breach of contract case, you are entitled to seek your costs of suit, which would include filing and attorney's fees. I could handle this case for $750; meaning that you would seek a judgment of approximately $3,250 plus costs. Please feel free to contact me if you have any questions. [email protected]
Unless the contract has a provision for attorneys fees, they are not part of any recovery.
Either hire an inexpensive attorney or bring that code section to court.
Good luck.
Unfortunately, the attorney with whom you spoke did not advise you of Supreme Court Rule 282(b).
"No corporation may appear as claimant, assignee, subrogee or counterclaimant in a small claims proceeding, unless represented by counsel. When the amount claimed does not exceed the jurisdictional limit for small claims, a corporation may defend as defendant any small claims proceeding in any court of this State through any officer, director, manager, department manager or supervisor of the corporation, as though such corporation were appearing in its proper person. For the purposes of this rule, the term "officer" means the president, vice-president, registered agent or other person vested with the responsibility of managing the affairs of the corporation."
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