Legal Question in Civil Litigation in Michigan
Protection from lawsuit under corporation
Can one be sued as an individual if they are a corporation? I am being sued in small claims court. The plaintiff has named me as a sole proprietor. We are a Michigan S-Corp. Additionally, I never had any contact with the plaintiff during the business transaction. Should small claims allow this suit?
3 Answers from Attorneys
Re: Protection from lawsuit under corporation
No you cannot be sued in small claims court as a corporation. You also cannot represent the corporation as you are not an attorney. You need to hire an attorney to address this matter in small claims court. For more information, please contact my office at (248)8513171.
Re: Protection from lawsuit under corporation
I would bring your corporate proofs to court with you to show the contract was with the corp only. You have a right to remove the matter to regular district court and have an attorney represent you, but small claims may be preferred. Visit www.kliszlaw.com to discuss further. Tim Klisz
Re: Protection from lawsuit under corporation
You are a corporation. Therefore, you should not be sued in small claims court. However, as a corporation, you cannot represent your corporation as you'd be practicing law without a license. Therefore, if the case is removed from small claims court, you will incur the costs of hiring counsel. It would probably add up to more than it would cost you to resolve the case. William S. Stern
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