Untitled Texas Attorney General Opinion ( 1981 )

The Attorney General of Texas
March 23, 1981
1
MARK WHITE i
Attorney General r r&n& by&&&!-&
-- I
Honorable Felipe Reyna Opinion No. MI&J-312~..~_--
Criminal District Attorney
McLennan County Courthouse Re: Whether a corporation must
Waco, Texas 76703 be represented by an attorney in an
appeal from the small claims court
to the county court or county court
at law
Dear Mr. Reyna:
You ask whether a corporation must be represented by an attorney in
cases involving appeals from a small claims court to the county court or
county court at law. This office stated in Attorney General Opinion H-538
(1975) that a corporation could be represented in small claims court by a
non-lawyer employee pursuant to article 2460a, section 2, V.T.C.S. This
provision gives the small claims court jurisdiction “in all actions for the
recovery of money by any person, association of persons, corporation z by
an attorney for such parties.” (Emphasis added). This language provides an
exception to the general rule that a Corporation may appear in court only
through an attorney. See T.R.C.P. 7; Globe Leasing, Inc. v. Engine Suopl
and Machine Service, 437 S.W.2d 43 (Tex. Civ. App. - Houston [Ist Dist.
1969, no writ). See also Attorney General Opinion C-82 (1963). Comoare
Attorney General Opinion MW-235 (1980). Attorney General Opinion H-538
(1975) ako noted that the simplified procedures in the small claims court
undermine the various rationales presented for requiring a corporation to
appear there through an attorney.
When the amount in controversy exceeds twenty dollars, a dissatisfied
party may appeal from the small claims court to the county court or county
court at law. V.T.C.S. art 2460a, S12. Rule 2 of the Code of Civil
Procedure provides that the rules of civil procedure shall govern the
procedure in the county courts, with certain exceptions not here applicable.
Thus county court proceedings are governed by rule 7, which permits
individuals, but not corporations, to represent themselves in court. Globe
Leasing, Inc. v. Engine Supply and Machine Service, supra. A corporation
must appear through an attorney in county court unless there is a specific
statutory exemption.
Rules 571 through 574 of the Code of Civil Procedure govern the
appeal from the justice court to the county court. Rule 571 states that
p. 993
Honorable Felipe Reyna - Page Two (Mi-312)
“\tlellparty .appealing, his agent &r attorney” shall file an appeal bond. (Emphasis
This language indicates that a non-attorney agent may take this step.
However, once the appeal is perfected pursuant to rule 573 and the county court
acquires jurisdiction, we believe a corporate party must be represented by an attorney.
We find no statute, and none has been drawn to our attention, which would authorize a
corporation to appear in county court or county court at law through a non-attorney
employee. Nor are the policies which justify the representation of corporations by
laymen in small claims court applicable in county court See, e.g,, T.R.C.P. rule 45
(pleading in county court). We conclude that a corporation must be represented by an
attorney in county court or county court at law in cases involving an appeal to that
court from a small claims court. See Borden, Inc. v. Wallace, 570 S.W.2d 445 (Tex
Civ. App. - El Paso 1978, writ dis.m’dT
SUMMARY
A corporation must be represented by an attorney in County
court or county court at law in cases involving an appeal to that
court from small claims court
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Susan L. Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
James Allison
Jon Bible
Rick GilpIn
Bruce Youngblood
p. 994