Legal Question in Business Law in Illinois

Self Representation

A corporation can not represent itself in small claims court in Illinois; but, can a corporation officer represent a dba of the corporation in small claims?


Asked on 12/12/06, 2:59 pm

1 Answer from Attorneys

David K. Staub Staub Anderson LLC

Re: Self Representation

A "dba" is simply the corporation under a different name. The same rules would apply.

By the way, Supreme Court Rule 282 provides that a corporation may, under certain circumstance, defend a small claims action without an attorney. The rule provides:

"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."

David K. Staub, an Illinois business lawyer

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Answered on 12/12/06, 4:41 pm


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