Argument: Defend my business in court (LLC / Colorado)

[Darkolight]

Jurisdiction

Colorado

Hello,

I'm the defendant in a case in Colorado and a motion to strike has come up claiming that I cannot represent my business in court. I'm preparing a Motion to Oppose under the grounds that I do.

Colorado Revised Statutes Title 13
For the purposes of this section, each of the following persons shall be presumed to have the authority to appear on behalf of the closely held entity upon providing evidence of the person's holding the specified office or status...

Source: Colorado Revised Statutes Title 13. Courts and Court Procedure § 13-1-127 | FindLaw

My Response:
CompanyName is an LLC not a corporation, and there is a statute that authorizes Defendant to represent it. Further, the named individual is not dba the LLC, but is a member of the LLC and duly authorized to appear on behalf of the Entity before any court of record or any administrative agency.

§ 13-1-127(2), (3), (4), and (2.3)(c)

Would this be enough to argue that I can defend my single member LLC pro se in county court?

Or would this simply be a waste of time and it's time to find a lawyer?

 

[adjusterjack]

Would this be enough to argue that I can defend my single member LLC pro se in county court?

Sure looks like it to me.

But I suggest you quote the applicable parts of the statute in your written response (then read it out loud in court if it comes to that) instead of just referring to the statute number as the judge may not want to be bothered looking it up.

The way litigation works is that, any time you cite an authority, you cite it AND quote it. You can randomly pick any lawsuit file and you'll see it done that way.

 

[Darkolight]

Sure looks like it to me.

But I suggest you quote the applicable parts of the statute in your written response (then read it out loud in court if it comes to that) instead of just referring to the statute number as the judge may not want to be bothered looking it up.

The way litigation works is that, any time you cite an authority, you cite it AND quote it. You can randomly pick any lawsuit file and you'll see it done that way.

Ok! Thanks.