QUESTION
Can I appear in court for my husband for a credit card debt and he can't make his court date?
Asked on Oct 23rd, 2012 on Bankruptcy - Michigan
7 ANSWERS
Generally you cannot appear in court for another person who is liable unless you are an attorney representing him. It might be possible if you are jointly responsible for the debt. It would be better to try and get the hearing moved to a different time your husband can attend or have an attorney representing him appear.
Answered on Oct 30th, 2012 at 9:24 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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No, he must appear himself or have an attorney to represent him.
Answered on Oct 26th, 2012 at 10:59 PM
Litigation Attorney serving Pearl River, NY
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Law Office of Bijal Jani
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You may appear and explain to the judge the circumstances as to why your husband cannot appear and request the Judge to allow you to appear on behalf of your husband.
Answered on Oct 25th, 2012 at 5:08 PM
No. The only people who can appear on behalf of others are attorneys.
Answered on Oct 25th, 2012 at 5:08 PM
Kevin Elliott Parks
Likely not. If someone is being sued for a debt and a court date is scheduled, the person must appear individually and/or by and through its attorney representative. If they fail to do so, the response will likely depend on just what the nature of the court appearance may be a pending motion may be granted, a default judgment may be entered, counter-claims may be dismissed, or the like. The judge also has the power to find the defendant in contempt of court and may issue a warrant or impose other sanctions or penalties.
Answered on Oct 25th, 2012 at 5:07 PM
Insurance Litigation Attorney serving St. Petersburg, FL
Partner at
Gallagher & Associates Law Firm, P.A.
3 Awards
It depends if it's a joint debt and who is on the account. It might be that your appearance amounts to the unlicensed practice of law, which would be bad.
Answered on Oct 25th, 2012 at 5:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you are a lawyer yes, or you are liable for the card, maybe. I would suggest you call the court and seek an adjournment to a time he is available, or better yet, engage an attorney. If he does not appear the plaintiff will generally receive a default judgment for the full amount and shortly thereafter commence collection action on the judgment.
Answered on Oct 25th, 2012 at 5:06 PM