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Can I file a small claims court claim for my old company?

Hello,

I was recently asked by an out-of-state company I used to work for to file a claim in small claims on its behalf against a Massachusetts company. Am I able to file and make the case for the company? Does it matter if I am compensated for this?

Thanks,

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Submitted Thu, 02/11/2016 - 09:53

You cannot be hired by a company to file a claim in small claims court unless you are an attorney. Doing so is the illegal practice of law. In Small Claims Court a Corporation may be represented by an officer, manager, or local manager. For a non-incorporated entity such as a partnership or private unincorporated business a partner or owner must bring the claim.

An Employee may only substitute for a company if the court determines they speak for the company and that justice can be accomplished with that person taking the case to court. That means that unless you know all the facts of the case and are a current employee, the court will almost certainly not let you file the claim and represent the company. The best thing to do here is advise the company you cannot represent them and they need to hire counsel.



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