Legal Question in Civil Litigation in New Jersey
CorpRep
Is there a law that allows an officer/shareholder to represent a closely held S-corp. in a civil court letigation?
Our corporation is being sued by insurance company. Now our legal answer filed with Superior Court of New Jersey is dismissed due to the fact that we filed it ourselves without hiring an attorney (R:1.21-1(C)).The amount in question is $612 plus legal fees.
Thank you
1 Answer from Attorneys
CorpRep
Generally, a business entity must be represented by an attorney licensed to practice law in New Jersey. There is a limited exception under Rule 6:11 applicable to suits in the Special Civil Part. That rule permits an authorized officer or employee to prosecute or defend a suit on behalf of a business entity in the Small Claims Section or which could have been brought in the Small Claims section.
So, look at the caption of the suit. If it says "Special Civil Part," it is likely that representation by an officer or employee is permitted. If the suit has been brought in the Superior Court proper, a lawyer is needed.
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