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GigglesBear
LIF Infant
Member since 3/08 126 total posts
Name:
Michael
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Small Claims Court Question
I have a court date set next week, but I won't be able to attend due to job obligations. My mom said she can go since she and I have been working together to get this case through. However, I'm wondering if there is some form I have to use to state that she is there on my behalf, or do I just provide her with a notarized letter stating that she has my permission to substitute for me? Any help would be greatly appreciated. 
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Posted 11/4/08 2:37 PM  |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Small Claims Court Question
You need to call the court. Someone in the clerk's office should be able to answer your questions.
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| Posted 11/4/08 2:41 PM |
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legallyblonde
LIF Adolescent
Member since 8/08 850 total posts
Name:
K
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Re: Small Claims Court Question
Agreed with the PP but I do have some info. If you are in New York, Suffolk or Nassau Counties a telephone adjournment will not be given.
You have to put the court and your opponent on notice of your request for an adjournment by mail. On the day of the trial, your mom can appear on your behalf to get the adjournment BUT be aware that depending on the judge and his/her mood and the excuse as to why you can't attend, you might not get one. In the event that happens, if you are the plaintiff, the court will dismiss your case. If you are the defendant, the judge will award a default judgment against you and you automatically lose.
In my experience with Small Claims Court, each party typically can be granted one adjournment prior to trial. But like I said, it really depends on the judge.
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| Posted 11/4/08 3:06 PM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: Small Claims Court Question
Posted by legallyblonde
Agreed with the PP but I do have some info. If you are in New York, Suffolk or Nassau Counties a telephone adjournment will not be given.
You have to put the court and your opponent on notice of your request for an adjournment by mail. On the day of the trial, your mom can appear on your behalf to get the adjournment BUT be aware that depending on the judge and his/her mood and the excuse as to why you can't attend, you might not get one. In the event that happens, if you are the plaintiff, the court will dismiss your case. If you are the defendant, the judge will award a default judgment against you and you automatically lose.
In my experience with Small Claims Court, each party typically can be granted one adjournment prior to trial. But like I said, it really depends on the judge.
A non-lawyer can appear on someone else's behalf in small claims court? Really? I had no idea...
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| Posted 11/4/08 3:09 PM |
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LisaI
Momma's Little Beans
Member since 1/06 3923 total posts
Name:
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Re: Small Claims Court Question
I just went to small claims (took my renter to court). As long as she is on the paperwork she can represent. If you both fail to appear or whoever is on the paperwork than the case is granted to the other party automatically. However, each court house is different so definitely call.
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| Posted 11/4/08 3:42 PM |
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juju
Welcome to the World!
Member since 5/05 6747 total posts
Name:
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Re: Small Claims Court Question
Posted by LisaI
If you both fail to appear or whoever is on the paperwork than the case is granted to the other party automatically. However, each court house is different so definitely call.
Not necessarily. If the plaintiff shows and the defendant does not, the burden of proof is on the plaintiff. However, if the defendant shows and the plaintiff does not show, case is dismissed.
As for the original question, the court will grant each side a missed court date but you have to give notice. Call the clerk's office. After the 1st missed court date, you have to have a really good reason. I don't think your mom could go on your behalf; however, if her name is listed as plaintiff, it is possible.
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| Posted 11/4/08 5:02 PM |
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