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Can a Corporation or an LLC Represent itself in Litigation in Court? – Read to Find Out.

By May 13, 2022No Comments

Whether a corporation or LLC can represent itself depends on the type of court the dispute is in.

In Florida there are two types of trial courts. The Circuit Courts and the County Courts. County Courts at the same time have two different divisions: the regular County Court and the Small Claims Courts division.

Circuit Courts have jurisdiction over disputes involving more than $30,000 in damages. County Courts address disputes between $8,000 to $30,000. Small Claims Courts have jurisdiction over disputes below $8,000.

A corporation cannot represent itself in Circuit or County court. In Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247, 248 (Fla 3d DCA 1985) the Third District Court of Appeal of Florida held that “It is well recognized that a corporation, unlike a natural person, cannot represent itself and cannot appear in a court of law without an attorney.”

In Small Claims Court the situation is different. A corporation may appear pro se when the cause of action proceeds under the Small Claims Rules—a special set of rules governing low value disputes. Johnstown Properties Corp. v. Gabriel, 50 Fla. Supp. 138 (Polk Cty. Ct. 1980).

For more information about corporation or LLC representation or lawsuits, contact a litigation attorney at Ayala at 305-570-2208. You can also schedule your consultation online at: https://www.lawayala.com/consultation/

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