Lawyer Suing Me As an Individual Rather Than as a Law Firm

[professorlee]

My question involves small claims court in the state of: California

I received notice that my former divorce attorney is suing me in small claims court for $7500 because: "Plaintiff and Defendant entered into a written agreement whereby Plaintiff agreed to provide certain legal services ... and Defendant agreed to pay for said services and costs." Leaving aside what he says I owe (which I dispute), there's the question of standing. I signed an agreement with the law firm where he works, not with him personally. If I'm being sued based on the written agreement, wouldn't the plaintiff have to be the firm, rather than the attorney, and wouldn't the maximum amount be the maximum that companies can sue for ($5000), rather than the maximum that individuals can sue for ($7500)?

[codyb226]

Good catch, go for it.

[cmre3456]

I agree. Go for it. The only problem I see is that being a lawyer, he might re-file in the "real" court (is that called Superior Court in Calif?) for the $7500 and then you have a lot more complexity and costs on your hands even if you defend pro se.