The business was named as a defendant in a lawsuit. You may be the single or one of many defendants named in an action. Defending the case is necessary to prevent a judgment from being entered. The belief is that the defense is easy and the case will be dismissed.
Or it may be time to move forward with a debt collection case or other type of lawsuit. An officer may have had experience representing the company in small claims Court. You feel confident that the business can handle a New York debt collection in Civil, City or Supreme Court on its’ own.
Why then must you go out of pocket to pay an attorney to defend a lawsuit or prosecute a debt collection case? Can an Officer of the company represent the company in New York Court?
Outside of small claims Court which allows businesses to appear without counsel, the answer is NO. You elected to use a business composition to protect you (and others) from personal liability for business debts. The decision to use a corporate shield against creditors also affects whether the business must be represented by an attorney.
Corporations and voluntary associations are legal entities which are distinct from its’ members. Legal entities with limited liability must be represented by counsel. Therefore, in New York corporations and voluntary associations must be represented by counsel in Court.
If you need qualified, experienced counsel to represent your business as Plaintiff or Defendant at a favorable fee arrangement, contact the firm’s managing partner Jocelyn Nager by phone 212-686-0100 ext 12 or jnager@ffgesqs.com. We know how to successfully navigate New York Courts.
