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Can a corporation appear as an assignee in small claims court?

Can a corporation appear as an assignee in small claims court?

Full question:

735 ILCS 5/2-416 STATES: 'NO CORPORATION MAY 'APPEAR' AS ASSIGNEE OR SUBROGEE IN A SMALL CLAIMS PROCEEDING'. THE IS NO CASE CITE WHICH LIMITS THE INTERPRETATION OF THE WORD 'APPEAR' TO MEAN 'APPEAR PRO SE' AND ALLOWS TEH ASSIGNEE OR SUBROGEE TO 'APPEAR BY LEGAL COUNSEL'. WHAT DO YOU KNOW?

Category: Small Claims
Date: 04/07/2025
State: Illinois

Answer:

The Illinois statute (735 ILCS 5/2-416) states that a corporation can represent itself in small claims court through an officer, director, or manager. However, it cannot appear as an assignee or subrogee.

In the case of Adair Architects Inc v. Bruggeman, the Appellate Court ruled that a corporation cannot appear pro se in small claims court without legal counsel. The court found that the proceedings were null and void because the corporation was represented by its president, who was not an attorney. The court emphasized that when a statute conflicts with a supreme court rule regarding court procedures, the rule prevails.

Specifically, Supreme Court Rule 282(b) states that a corporation must be represented by an attorney in small claims proceedings. Therefore, if a corporation attempts to represent itself without counsel, such actions are invalid.

In summary, while a corporation can represent itself in some cases, it cannot do so as an assignee or subrogee in small claims court without legal representation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the joinder statute in Illinois?

The joinder statute in Illinois is primarily governed by 735 ILCS 5/2-406. This statute allows multiple parties to be joined in a single lawsuit if their claims arise from the same transaction or occurrence. It aims to promote judicial efficiency by resolving related disputes in one proceeding. However, the court has discretion to permit or deny joinder based on fairness and judicial economy. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is the jurisdictional limit for small claims court in Illinois?

In Illinois, the jurisdictional limit for small claims court is $10,000 for most cases. This limit applies to claims for money damages and does not include interest or costs. Certain types of claims, such as eviction cases, may have different limits. Always check for any updates or changes to these limits as they can vary. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What are the joinder rules in Illinois?

Joinder rules in Illinois allow parties to join claims and defendants in a single lawsuit to ensure all related issues are resolved together. Under 735 ILCS 5/2-406, a plaintiff can join multiple defendants if their claims arise from the same transaction. Additionally, a defendant can bring in third parties who may be liable for all or part of the claim. The court has the authority to manage joinder to promote fairness and efficiency. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is the rule of joinder?

The rule of joinder allows parties to combine multiple claims or parties in one lawsuit to streamline the legal process. In Illinois, this is governed by 735 ILCS 5/2-406, which facilitates the inclusion of related claims and parties to avoid separate lawsuits for interconnected issues. This rule promotes judicial efficiency and ensures that all relevant parties are present to resolve disputes. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is the time limit for joinder?

In Illinois, the time limit for joinder typically aligns with the statute of limitations for the underlying claims. Generally, a party must join claims or parties before the statute of limitations expires. For most civil claims, this period can range from one to five years, depending on the type of claim. It's crucial to act within these time frames to ensure that claims are not barred. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*