Can I appear in smalls claims court on behalf ofa company?

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Can I appear in smalls claims court on behalf ofa company?

Would I need a power of attorney for me to do so? My husband owns a small company (sole proprietor) and is being sued in small claims court. He has no employees (unless you count me). I handle his administrative needs inclusive of drawing up service contracts. He is being sued in small claims court based on being breach of one of these service contracts that I set up.

Asked on March 9, 2011 under Business Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you shouldobtain a Power of attorney from your husband as the sole proprietor just in case any question of authority to act comes up in court..  Since you are the employee that handles the administrative stuff for the company you will have the direct knowledge needed to speak on behalf of the company and to prove the case.  It is just the legal authority to bind the company when a decision is rendered that will matter.  By obtaining the POA you obviate the need to have your husband go and bring you as a witness.  Remember to bring your records with you (which you maintain, correct?) as they will be crucial.  If the other side brings a lawyer and you feel that you may be at a disadvantage then ask for an adjournment to get one yourself.  Of course that may not be financially feasible (and in some states it bumps your case to day court) but take the time to at least consult with a lawyer.  Good luck.


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