Corporations enforcing small claims judgments
After a corp. obtains a small claims judgment, what, if any, enforcement procedures is the non-attorney, corporate representative then able to perform without committing UPL?
I'd like an answer for CA and OR, please.
1 Answer from Attorneys
Re: Corporations enforcing small claims judgments
I cannot answer as to Oregon law as I am only licensed to practice in California. The unlicensed practice of law is really not applicable to the situation you describe. The unlicensed practice of law is generally limited to situations where an individual or company is giving legal advice to someone other than itself without being licensed by the State of California as an attorney. Acting on its own behalf in court is not the unlicensed practice of law. The small claims rules are different than those in Superior Court, and while in Superior Court a corporation must be represented by an attorney, in Small Claims Court, a corporation cannot be represented by an attorney. In Small Claims Court, including post-judgment collection, the corporation may take all actions a natural person would to collect the judgment. It may be different in Oregon, so I suggest you contact an OR attorney to help you with that.
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