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Lesson 5.
Conducting the Hearing

 

§5.07 Representative’s Declaration

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At the hearing of a small claims action, any individual who is appearing as a representative of a party must file a declaration stating [CCP §116.540(j)]:

  • That the individual is authorized to appear for the party, and
  • The basis for that authorization.

If the representative is appearing for a corporation, a nonindividual, a sole proprietorship, or a common-interest development, or as a property manager for a nonresident property owner, the declaration also must state that the individual is not employed solely to represent the party in small claims court. [CCP §116.540(j).]

If the representative is appearing for a serviceperson, an incarcerated person, or a nonresident property owner, the declaration also must state that the representative is serving without compensation and has appeared in small claims actions on behalf of others no more than four times during the calendar year. [CCP §116.540(j).]

For an optional form of declaration to appear as a representative, see form SC-109.

 
 
 
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