DC Corporation Small Claims Representation: Rule 9 and Who Can Appear

The Rule 9 Divide: Plaintiffs vs. Defendants

DC small claims has strict and sometimes surprising rules about who can appear for a business entity. Small Claims Rule 9 and DCCA Rule 49 create an asymmetry that catches business owners off guard:

Corporate and partnership plaintiffs must have an attorney. Under Rule 9(b), no corporation or partnership may appear as a plaintiff in the Small Claims Branch except through an active member in good standing of the DC Bar. A non-attorney officer who files a Statement of Claim on behalf of a plaintiff corporation faces mandatory dismissal.

Corporate defendants get more flexibility. Under DCCA Rule 49(c)(11), a corporate or LLC defendant may appear through an authorized non-attorney officer or full-time employee — but only for limited purposes: negotiating a settlement, entering a consent judgment, or presenting a defense. The representative must file an Affidavit in Compliance with Small Claims Rule 9 and DCCA Rule 49(c)(11) before appearing.

What This Means in Practice

If your LLC is suing someone: You need a DC Bar attorney, even if the claim is for $500. This is the single biggest procedural surprise for small business owners who assumed they could represent their own company the way an individual represents themselves.

If your LLC is being sued: You can send an officer or employee to represent the company, but they must file the Rule 9 affidavit first. The affidavit identifies the representative, their position with the company, and their authorization to act on behalf of the entity.

Sole proprietors are different. A sole proprietorship isn't a separate legal entity — the owner is the business. Sole proprietors can represent themselves in small claims just like any other individual. If you operate a business as "Jane Doe d/b/a DC Consulting Services" and you're the sole owner, you appear as Jane Doe.

The Attorney Requirement Is Non-Negotiable

The requirement that corporate plaintiffs retain counsel applies regardless of the claim size. There's no exception for small amounts, and the judge won't waive it because you're a small business owner who can't afford a lawyer. If you file a claim as a corporate entity without an attorney, the case gets dismissed — and you've wasted the filing fee and time.

If your corporation needs to sue and attorney fees would make the case uneconomical, consider whether the claim should be brought by an individual instead. A sole proprietor or individual who was personally harmed can sue without an attorney. The corporate structure matters: if the contract was with the corporation, only the corporation has standing to sue on that contract.

Law Students and Clinic Programs

Law students may represent parties in small claims under DCCA Rule 48 and Civil Rule 101(e), subject to supervision and applicable eligibility requirements. Ask a clinic whether it accepts your matter.

Free Resources for Representation Questions

If you're unsure whether you need an attorney:

• Family Court Self-Help Center (Moultrie Courthouse, Room JM-570, phone 202-879-0096) — serves family law matters, not small claims
• Consumer Law Resource Center (Building B, Room 223, every other Monday 9:30 AM–11:30 AM; call 202-780-2574 for dates) — free legal help for consumers, with space limited to 15 people
• NLSP Small Claims Resource Center (Building B, Room 223, second and fourth Thursdays, 10:00 AM–1:00 PM; virtual attendance by calling 202-849-3608) — legal and procedural information for small claims parties
• DC Bar Lawyer Referral Service — can connect you with attorneys who handle small claims matters

For the full filing process including representation requirements for every entity type, our DC Small Claims Filing Guide covers the rules you need to know.

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