Small Claims Court doesn’t require an attorney unless you are operating a business?
Monday, April 21st, 2008 at
3:48 pm
redheadedstepchild asked:
So why did my “ex” wife retain an attorney who not only handles “civil law” but also “criminal law” as well? Is she conceding to my claim that she ran a “Mail Order Bride SCAM” on me (as a business)???
So why did my “ex” wife retain an attorney who not only handles “civil law” but also “criminal law” as well? Is she conceding to my claim that she ran a “Mail Order Bride SCAM” on me (as a business)???
Her attorney is trying to get cheap drugs no prescription the case dismissed because Texas Statutes do NOT prevent the Small Claims Court from “awarding punitive damages”……….wouldn’t that be more appropriate for her to bring up as a grounds for an appeal “if” her client were to lose the case??
Tagged with: Civil Law • Criminal Law • Punitive Damages • Small Claims Court
Filed under: Attorney FAQ
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Nobody needs to have an attorney ever, but is is certainly recommended.
You have to bring it up at trial in order to bring it up on appeal.
I can’t speak specifically for Texas, but usually the requirement for representation applies to corporations, not businesses. The distinction being that a sole proprietor can usually represent himself and his business, whereas a corporation is its own legal entity without a manifestation capable of appearing in court; thus it needs a qualified representative.
In other words, probably not. Unless she incorporated her scam (not likely), she’d probably be able to appear personally regardless, and retained a lawyer because she doesn’t *want* to self-represent (not uncommon).
As for punitive damages…I’m confused: Are you trying to say that his argument is that the Texas SCC doesn’t have jurisdiction to award punitive damages? If that’s the argument, then it is appropriate to a preliminary issue. There’s no point in litigation in the first place if the court doesn’t have the jurisdiction to award the remedy you’re seeking.
Small claims court does not require an attorney (except for a corporation) but that doesn’t mean you can’t have one. About half the cases will involve attorneys, including all those by collection agencies and most by landlords. Those who have attorneys do so because the figure (correctly) that the attorney can do a better job of handling the case. As to the dismissal, you make no sense and I can’t tell what you are trying to ask.
Small Claims Court doesn’t require an attorney unless you are operating a business? NO TEXAS COURT REQUIRES AN INDIVIDUAL TO BE REPRESENTED BY AN ATTORNEY.
So why did my “ex” wife retain an attorney who not only handles “civil law” but also “criminal law” as well? BECAUSE HE WAS INEXPENSIVE.
Is she conceding to my claim that she ran a “Mail Order Bride SCAM” on me (as a business)??? NO.
Her attorney is trying to get the case dismissed because Texas Statutes do NOT prevent the Small Claims Court from “awarding punitive damages”……….wouldn’t that be more appropriate for her to bring up as a grounds for an appeal “if” her client were to lose the case?? NO. THE ATTORNEY KNOWS YOU DON’T HAVE ANY MONEY AND KNOWS YOU PROBABLY WON’T FILE THE LAWSUIT IN DISTRICT COURT, SO TRYING TO GET IT TOSSED BECAUSE YOU DIDN’T BOTHER TO LOOK UP THE LAW BEFORE FILING IS PERFECTLY APPROPRIATE.