Do I need a lawyer for small claims court as a business owner?
Key takeaways
Someone from your business has to attend the hearing. If nobody shows, the case is usually dismissed.
Many courts now offer video hearings. Check your notice.
Some states ask for a written authorization if an employee appears for the company.
Practice a three-minute version of your case. That is the whole job at the hearing.
Who can appear for a business
Rules vary by state, but the pattern is consistent: an owner, officer, partner or authorized employee can speak for the business. In Texas justice court, a business can be represented by an owner, officer, partner, employee or lawyer. Some states require the employee to bring a signed authorization from the company.
Do you have to go in person?
Someone has to attend, and the court decides how. Many courts now run small claims hearings by video, others are in person only, and some let you choose. The hearing notice says which. Missing the hearing as the person who filed usually ends the case.
How to prepare in an evening
Build a one-page timeline
Dates, what was agreed, what you delivered, what was invoiced, what they said.
Print three sets of evidence
One for the judge, one for the other side, one for you. Courts differ, so check whether they want copies in advance.
Practice three minutes out loud
What they agreed to pay. What you delivered. What is unpaid. Then stop and let the judge ask questions.
Prepare for their side
Write down the one or two things the other side is likely to claim, and the document that answers each.
When a lawyer is worth paying for
- The claim is near or above the small claims limit.
- The other side files a counterclaim against you.
- The other side shows up with a lawyer, where that is allowed.
- You lose and are thinking about an appeal.
Questions, answered
Do you need a lawyer for small claims court?
No. Small claims court is designed for people and businesses to represent themselves. A few states, including California and Michigan, do not allow lawyers at small claims hearings. In states that allow them, a lawyer is most useful for larger claims, counterclaims or appeals.
Do I have to appear in person for small claims court?
Someone has to appear for you, either in person or by video if the court offers it. Many courts now hold small claims hearings by video. If the person who filed the case does not attend, the case is usually dismissed.
Can an employee represent my company in small claims court?
Usually yes. Most states let an owner, officer or authorized employee represent a business. Some require a signed authorization letter from the company. Texas justice courts allow an owner, officer, partner, employee or lawyer to represent a business.
How do I win in small claims court?
Bring documents. A judge decides on paper, so your story needs proof behind it. Show what the other side agreed to pay, proof you delivered, the invoice and your attempts to collect. Keep your explanation to about three minutes and answer the judge’s questions directly.
Practicing barrister and founder of QuickAds. Built Easy Small Claims so small businesses can recover invoices they would otherwise write off.