Does a corporation have to have an attorney to file a garnishment?

I am a landlord. I am also a corporation. I have a judgment on a previous renter through magistrate court. I filed a garnishment on her work. She got an attorney to file a traverse stating since I am a corporation that I cannot file the garnishment papers myself.

Asked on October 28, 2011 under Bankruptcy Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In many states in this country a licensed attorney must represent a corporation or a limited liability company as opposed to an individual who is not a licensed attorney. This is the law in California.

If the judgment you have is in the name of the corporation and the debtor's attorney is claiming that you cannot file the garnishment papers for the corporation due to the fact that you are not a licensed attorney (which may be the case), I suggest that the corporation assign you the judgment individually by way of a written document to solve this problem.

Good luck.


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