Legal Question in Credit and Debt Law in California

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.

Thank you

Asked on 3/10/09, 3:07 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/10/09, 1:19 pm

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