Legal Question in Business Law in Illinois

Re: Small Claims Court

A limited liability company does not appear to be required to be represented by an attorney in small claims court in Illinois, regardless of how the LLC's membership interests are held.

Rule 282(b) of the Supreme Court rules is very specific:

"(b) Representation of Corporations. No corporation may appear as claimant, assignee, subrogee or counterclaimant in a small claims proceeding, unless represented by counsel. ...[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 ..."

There is no similar provision prohibiting any other form of business entity (such as a partnership or LLC) from appearing without counsel.

David K. Staub, Illinois business attorney