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HOUSE BILL NO. 227
INTRODUCED BY B. MOLNAR
AN ACT PROVIDING THAT A CORPORATION SUING OR DEFENDING A SUIT ON A DEBT MAY BE REPRESENTED IN A CITY, MUNICIPAL, JUSTICE'S, OR SMALL CLAIMS COURT BY A CORPORATE DIRECTOR OR OFFICER; AND AMENDING SECTION 25-35-505, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 25-35-505, MCA, is amended to read:
"25-35-505. Parties -- representation. (1) Parties in the small claims court may be individuals, partnerships, corporations, unions, associations, or any other kind of organization or entity, except the state or any agency of the state.
(2) A party may not be represented by an attorney unless all parties are represented by an attorney in a small claims court.
(3) Individuals may represent themselves in a small claims court. A partnership may be represented by a partner or one of its employees. A union may be represented by a union member or union employee. A corporation may be represented by one of its directors, officers, or employees. An association may be represented by one of its members or by an employee of the association. Any other kind of organization or entity may be represented by one of its members or employees.
(4) Except as provided in subsection (5), only a party, natural or otherwise, who has been a party to the transaction with the defendant for which the claim is brought may file and prosecute a claim in the small claims court.
(5) A party may not file an assigned claim in the small claims court unless it has been assigned pursuant to 27-1-718.
(6) Except for claims under 27-1-718, a party may not file more than 10 claims in any calendar year.
(7) Notwithstanding any other provision of this section, a personal representative of a decedent's estate, a guardian, or a conservator may be a party in the small claims court."
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Latest Version of HB 227 (HB0227.ENR)
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