Can someone file pro per for his own corp in Calif?

[rmknox]

What is the name of your state (only U.S. law)? Calif

Can someone file pro per for his own corp in Calif? He is sole shareholder. If so, does it depend on type of corp? If so, for which types can he file?

 

[latigo]

What is the name of your state (only U.S. law)? Calif

Can someone file pro per for his own corp in Calif? He is sole shareholder. If so, does it depend on type of corp? If so, for which types can he file?

California CORPORATIONS CODE
SECTION 200-213

200. (a) One or more natural persons, partnerships, associations or
corporations, domestic or foreign, may form a corporation under this
division by executing and filing articles of incorporation.

Does this help?

 

[Willlyjo]

Does this help?

Or if the OP is asking if the owner of a Corporation can file Pro Se as a litigant, the answer is, he cannot! A Corporate entity must have legal counsel in order to litigate.

 

[HomeGuru]

Confusing post. Is the OP asking how to file a corp? Or filing a court complaint? I think the latter.

 

[CourtClerk]

Or if the OP is asking if the owner of a Corporation can file Pro Se as a litigant, the answer is, he cannot! A Corporate entity must have legal counsel in order to litigate.

I know I must be sick. I'm agreeing with WillJo

 

[rmknox]

I know I must be sick. I'm agreeing with WillJo

I was asking whether he could open a lawsuit - it didn't occur to me that it might be interpreted start a corp (my lack of imagination)

Thanks for your responses

It is a situation where a client of a one man corp did not pay an invoice

I have thought of a way around it - assign the invoice to himself and then file pro per.

Sound ok?

 

[Willlyjo]

I was asking whether he could open a lawsuit - it didn't occur to me that it might be interpreted start a corp (my lack of imagination)

Thanks for your responses

It is a situation where a client of a one man corp did not pay an invoice

I have thought of a way around it - assign the invoice to himself and then file pro per.

Sound ok?

Sorry, you are not going to get around the fact that you have to be represented by legal counsel regarding an issue with your Corporation.

 

[quincy]

rmknox, I really hate to disagree with Willlyjo, especially because, since December 2008 when Willly first became a member, this is one of the few times that he has been almost-right instead of flat-out wrong.

But I am afraid that Willlyjo is wrong once again when he says definitively that a corporate entity cannot represent itself pro-se. Under some circumstances (and at least in some states) a corporation can.

In many states (Washington, New York, Ohio, Colorado, New York and in California, to name a few) a non-lawyer may represent a corporation in small claims court (with some limitations in some states).

For example, the Ohio Supreme Court ruled that "corporations may use small claims courts as individuals...so long as their representatives do not otherwise act as advocates" and in New York, a corporation sued in small claims and in commercial claims can be represented by an attorney or by any authorized officer, director or employee of the corporation.

For California, see:
http://www.dca.ca.gov/publications/small_claims/basic_info.shtml and scroll down to where it says "Corporation or other legal entity."

I suggest you contact an attorney in your area to discuss your particular situation.

Good luck.

 

[Willlyjo]

rmknox, I really hate to disagree with Willlyjo, especially because, since December 2008 when Willly first became a member, this is one of the few times that he has been almost-right instead of flat-out wrong.

But I am afraid that Willlyjo is wrong once again when he says definitively that a corporate entity cannot represent itself pro-se. Under some circumstances (and at least in some states) a corporation can.

In many states (Washington, New York, Ohio, Colorado, New York and in California, to name a few) a non-lawyer may represent a corporation in small claims court (with some limitations in some states).

For example, the Ohio Supreme Court ruled that "corporations may use small claims courts as individuals...so long as their representatives do not otherwise act as advocates" and in New York, a corporation sued in small claims and in commercial claims can be represented by an attorney or by any authorized officer, director or employee of the corporation.

For California, see:
http://www.dca.ca.gov/publications/small_claims/basic_info.shtml and scroll down to where it says "Corporation or other legal entity."

I suggest you contact an attorney in your area to discuss your particular situation.

Good luck.

If the Corporation is suing for 10k or less, then yes, he can litigate in Small Claims court in Ca. Usually, when a Corporation is involved in litigation, it is on a higher level. My post reflected that assumption. Even Courtclerk assumed this as indicative of her reponse to my post. Though it is true only non-lawyers can represent themselves in small claims, it is a rarity that a Corporation would find itself litigating on that level, so the right answer would be that if a Corporation is seeking damages in excess of 10k, then such Corp. must be represented.

For you to say that I'm always flat-out wrong except the few times I've been almost right, is nothing short of your total and intentional distortion of my posts, quincy. You'd be far better off if your concerns and critique were of a more positive nature. Granted, you just caught me making a mistake so you are choosing to exploit it. It was one of the rare mistakes you caught me in that you've been able to explain. What about all the others you accuse me of that you haven't been able to explain (rhetorical, no answer necessary)?

 

[quincy]

If the Corporation is suing for 10k or less, then yes, he can litigate in Small Claims court in Ca. Usually, when a Corporation is involved in litigation, it is on a higher level. My post reflected that assumption. Even Courtclerk assumed this as indicative of her reponse to my post. Though it is true only non-lawyers can represent themselves in small claims, it is a rarity that a Corporation would find itself litigating on that level, so the right answer would be that if a Corporation is seeking damages in excess of 10k, then such Corp. must be represented.

For you to say that I'm always flat-out wrong except the few times I've been almost right, is nothing short of your total and intentional distortion of my posts, quincy. You'd be far better off if your concerns and critique were of a more positive nature. Granted, you just caught me making a mistake so you are choosing to exploit it. It was one of the rare mistakes you caught me in that you've been able to explain. What about all the others you accuse me of that you haven't been able to explain (rhetorical, no answer necessary)?

You made assumptions that are potentially wrong. You definitively stated that a corporation must be represented by an attorney and that is wrong.

We have no way of knowing from what rmknox has posted how much the client invoice is.

Your mistakes are not by any means rare, Willly.

A quick review of your posting history by anyone who visits this forum (click on Willly's name, read his posts) will easily show how frequent your errors are and how often you need to be corrected. And correcting all of the errors in your posts is especially tiresome because, when you are corrected, you argue about it on and on for many many posts, taking over the original poster's thread.

Shoot, Willly. Review your OWN posting history. It stinks.

You are wrong with what you said in this thread. Period.

 

[Willlyjo]

You made assumptions that are potentially wrong. You definitively stated that a corporation must be represented by an attorney and that is wrong.

We have no way of knowing from what rmknox has posted how much the client invoice is.

Your mistakes are not by any means rare, Willly.

A quick review of your posting history by anyone who visits this forum (click on Willly's name, read his posts) will easily show how frequent your errors are and how often you need to be corrected. And correcting all of the errors in your posts is especially tiresome because, when you are corrected, you argue about it on and on for many many posts, taking over the original poster's thread.

Shoot, Willly. Review your OWN posting history. It stinks.

You are wrong with what you said in this thread. Period.

Okay, so I didn't mention the fact that small claims court will allow a corp. to rep. itself. This is incidental! In most cases, a corp. will litigate in a higher court where a corp must be repped by an attorney. This isn't a forum of experts--it is a forum where the members give advice based on their experiences. We are not expected to be exact with our posts and the OPs who come here do not expect to recieve expertise on the level of an attorney. So with that in mind, if one is capable of reading in between the lines a bit, with any common sense, they can discern between what is incidental and what is accurate and benefitial concerning my posts.

Frankly, I've reviewed my posting history more than once to find that your critique of it is nothing short of distortion. That is what stinks!

 

[quincy]

Okay, so I didn't mention the fact that small claims court will allow a corp. to rep. itself. This is incidental! In most cases, a corp. will litigate in a higher court where a corp must be repped by an attorney. This isn't a forum of experts--it is a forum where the members give advice based on their experiences. We are not expected to be exact with our posts and the OPs who come here do not expect to recieve expertise on the level of an attorney. So with that in mind, if one is capable of reading in between the lines a bit, with any common sense, they can discern between what is incidental and what is accurate and benefitial concerning my posts.

Frankly, I've reviewed my posting history more than once to find that your critique of it is nothing short of distortion. That is what stinks!

You are wrong again, Willly.

A poster shouldn't have to "read between the lines" to decide what is accurate and what is make believe. What or who gave you the idea that that is how this forum operates?

Certainly not all of the forum members who actually know the law, and research the law, and have had to correct your posts time and time again.

 

[rmknox]

rmknox, I really hate to disagree with Willlyjo, especially because, since December 2008 when Willly first became a member, this is one of the few times that he has been almost-right instead of flat-out wrong.

But I am afraid that Willlyjo is wrong once again when he says definitively that a corporate entity cannot represent itself pro-se. Under some circumstances (and at least in some states) a corporation can.

In many states (Washington, New York, Ohio, Colorado, New York and in California, to name a few) a non-lawyer may represent a corporation in small claims court (with some limitations in some states).

For example, the Ohio Supreme Court ruled that "corporations may use small claims courts as individuals...so long as their representatives do not otherwise act as advocates" and in New York, a corporation sued in small claims and in commercial claims can be represented by an attorney or by any authorized officer, director or employee of the corporation.

For California, see:
http://www.dca.ca.gov/publications/small_claims/basic_info.shtml and scroll down to where it says "Corporation or other legal entity."

I suggest you contact an attorney in your area to discuss your particular situation.

Good luck.

Quincy

Fantastic - there are 2 invoices - one for 7600 and the other for 600. They are for the personal services of the individual (a relative of mine) who incorporated his practice as a recording engineer.

You are clearly a knowledgeable person.

Thanks so much for your help. Particularly for the internet link.

"Corporation or other legal entity — A corporation or other legal entity (that is not a natural person) can be represented by a regular employee, an officer, or a director; a partnership can be represented by a partner or regular employee of the partnership, but the representative may not be an attorney or person whose only job is to represent the party in small claims court."

 

[quincy]

You're welcome, rmknox.

I was not sure if it would apply to you in your situation or not. It appears to, so that is good.

 

[rmknox]

You're welcome, rmknox.

I was not sure if it would apply to you in your situation or not. It appears to, so that is good.

Appears to apply 100% - again many thanks - Dick