Do I need an Attorney for Small Claims Court?

Well, you decided to listen to your friend, the one that told you about Small Claims court. You’ve gone through the basics, and you think that your friend is right. So, you’re going to try to get your phone back in small claims court, or at least recover some of the money you spent paying for the phone that your now ex-significant other took. You’re feeling good about your decision, but you’re not sure whether you should get an attorney. After all, one of the reasons you considered small claims court was you weren’t sure you could afford an attorney. But you really want to win, and you’re not sure you’ll be able to without one. So, do you need an attorney? The short answer is no, you aren’t required to hire an attorney for small claims court, but it depends on your situation as to whether or not you should hire an attorney.

If you’re an individual, like the one in our situation above, you do not need to hire an attorney. Yet, if you would like one to represent you at trial, you can hire one and have them represent you. However, if you do hire an attorney, it is not guaranteed that you will recover the attorney’s fees for their work from the other party.

If you’re a representative of a corporation, an LLC, a limited liability partnership, or a trust, you are required to have an attorney. Generally, the same is true for unincorporated businesses and sole proprietorships. The reason that an attorney is required to represent these types of entities is to discourage the unlicensed practice of law and to keep the process as efficient as possible. There is an exception to the attorney requirement, but it’s for very specific situations where 1) the claim is less than $6,000; 2) the claim has not been assigned to a collection agency; and 3) an authorization affidavit is filed with court, authorizing the full-time employee or trustee to represent the corporation. All three conditions must be met for the exception to apply.

If you have any questions or would like to know more about whether smalls claims court is right for your case, contact one of our experienced attorneys at McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.