My company has a contractor that owes us over 25,000. Can we take him to court ourselves or do we need an attorney?
2 Answers from Attorneys
A corporation must be represented by a lawyer. There is a specific rule on this point. But you do have a choice of court, though. You may file in the District Court, or in the Circuit Court. Each has different discovery rules and very different schedules. Cases of this size can often be litigated for a flat fee, or a phased fee. You don't want to bleed to death paying an open-ended hourly rate.
If your company is individually owned, ie if it is your company t/a Mike's Home Improvement and the company's income tax return is filed on a Schedule C attachment to the owner's individual income tax return, the answer is no you don't need to be represented by an attorney, but you would be foolish not to hire a lawyer given the amount in dispute especially if you can find a lawyer to take it on a contingency ie a %...
If the Company is incorporated or a LLC the Company must be represented by an Attorney unless the amount in controversy is less than $5k (this amount may have been raised since I last checked it)'...
I see you are near Salisbury. Give Jim Otway Esq a call and he may be able to help you...
Walter E Laake Jr.
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