If I am unable to represent a civil case in small claims, can I assign the case to one of my employees?

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If I am unable to represent a civil case in small claims, can I assign the case to one of my employees?

If so what do I need to do this?

Asked on July 22, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Most likely you can do so by signing a power of attorney to one of the employees to attend the small claims proceeding presumably upon behalf of your  corporate business if you cannot attend the proceeding. However, if you are a main witness in the dispute and cannot for some reason attend court that day, you should ask for a continuance well before the hearing date.

For you to not be able to attend the proceeding, you may end up with a judgment that could had been prevented if you attended the action.

However, if you are the individual plaintiff or defendant in the action (as opposed to your business which is a corporation or limited liability company) you need to personally attend the small claims court matter and not your employee. An assignment will not work.

 


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