Small Claims & Attornies

[lxa1801]

What is the name of your state? Michigan

It may come down to me having to sue a former roommate. The amount would place it in small claims court. However, I have a concern. The person I'm suing is a licensed and practicing attorney in my state. I know that having an attorney representing you in small claims will cause the case to go to district court. How does this work when the person you are suing is an attorney?

Secondly, seeing he is an attorney, should I get one anyway to protect myself and just go to district court?

 

[bearflag70]

If your state law prohibits attorneys from representing parties in small claims, then that means the attorney you are suing must represent himself and cannot hire an attorney to represent him.

 

[lovefish1]

Hiring a attorney for Small Claim Court

California is the state I am from.

California is different, but it would depend on how much you are filing the claim for, $5000.00 is the most you can file in Small Claims Court in California. You can have an advantage to not having an attorney, even if he is an attorney. He is just a regular person too, in Small Claim Court. But you can have an attorney help you with your case. The roommate may know the law even Small Claims Court so get a book on filing Small Claims Court in your state. Good Luck

 

[bearflag70]

If you think it's worth it for you to have an attorney, you may not want to file in small claims. In California, the plaintiff has an option of brining a claim under $5000 as a small claim in small claims court or as limited jurisdiction claim (under $25,000) in the superior court. Attorneys are allowed in limited jurisdiction cases but not small claims.

 

[Jessleeeliz]

I don't have any idea what the laws are about this but I just had to say this - I know that if I had to sue an attorney and I was not an attorney - I wouldn't even consider walking into that court room without an attorney to represent me. Good luck.