Untitled Texas Attorney General Opinion ( 1963 )

Honorable Henry Wade Opinion No. C-82 District Attorney Dallas County Re: Whether a non-lawyer employee Records Building of a corporation may legally Dallas, Texas Pile a petition In a small claims court In behalf of Dear Mr. Wade: the corporation. The question posed by your opinion request Is as follows: "There presently exists in Dallas County a division of opinions among the Justices of the Peace as to the legality of a corporation filing cases In the Small Claims Courts through the use of non-lawyer employees. . . . I,. . . "By way of example, we respectfully submit the following factual situation. "An incorporated department store, public utility, etc. desires to file a petition lnlhe Small Claims Court. A non- attorney employee with knowledge of the facts involved goes to the .Justlce Court and fills in the blanks of a form petltl- tlon as the same Is set forth in said Art. 2460a (Small Claims Act). He signs the petition In behalf of the employer corpo- ration and subscribes and swears to the same before the Judge of the Court. Such acts constitute the limit of his duties other than appearing as a witness when called upon to do so by a licensed at- torney, or by the Court under the authorl- ty of Section 9, Art. dk60a, V.C.S." Section 4 of Article 246oa, Vernon's Civil Stat- utes, reads In part: -401- Hon. Henry Wade, page 2 (C-82) "Actions shall be commenced under the provisions of this Act whenever the claimant, or the personal representative of a deceased clalmant,~appears before the judge of the Small Claims Court and files a statement of his claim under oath. . . .' (Emphasis adp- ed). Section 4 of Article 2460a speclflcally provides that the claimant shall appear before the judge of the court and file a written statement under oath. Therefore In the case of a corporation, the representative or agent of the corporate claimant would have to appear and file the sworn statement in order to commence an action. If the employee who files a claim la empowered~to act for the corporation, he should,have personal knowledge of the facts In order to make the affidavit, but whether he Is an attorney would have no bearing on his authority to file the claim. The purpose of the act was to provide a manner in which small claims could be collected at a mlnlm~ of ex- pense and without the necessity of retaining an attorney. . It is the opinion of this office that a non-lawyer employee of a corporation may legally file a petition in the small claims court In behalf of the corporation. SlJMMARY A non-lawyer employee of a corporation who is empowered to act for the corporation may legally file a claim In the.small claims court in behalf of the corporation. Yours very truly, WAQGONRR CARR Attorney oeneral Jack 0. Norwood Assistant JGN:wb:ms .-402- - . Hon. Henry Wade, page 3 (C-82 ) APPROVED: OPINION COMMI'ITEE W. V. Geppert, Chairman Sonny Davis Gordon Zuber Edward Moffett V. F. Taylor APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone -403-