QUESTION
In Indiana, can I represent my grandparents in a small claims court if they are out of the state during the time court will be?Thank you.
Asked on Nov 14th, 2022 on Consumer Law - Indiana
More details to this question:
Grandparent's hired a small construction company to remodel their bathroom. They ended up cancelling the project with said company due to various reasons. Company weeks later, still has not returned house key nor refunded their down payment for services. No work was done. No materials purchased. No Contract signed other than just a proposal of project scope and an estimate of cost. Owners lost faith in construction company as their discussions continued and they canceled the job. Weeks later, no refund of their $3000 and no house keys returned. We has since redone the house locks. They need to take them to court but are in their 90s and in another state until March of 2023. As their granddaughter, am I able to stand in for them? If so, do I need a power of attorney? Does an attorney need to stand in for them?
1 ANSWER
Hello:
Small claims courts each have their own set of rules that you and your grandparents should review ASAP. Most of them are available online and you can start on the in.gov site. Small claims work a little differently than general trial courts so it is important to know their process.
I would imagine that unless you are an attorney you probably will not be able to represent them. There is a legal term called "standing" that applies here - you are not the one injured so you have no standing. If your grandparents are not able to do this themselves, I suggest contacting a local legal aid clinic or the law school clinic in your area. You can help them prepare their case, but they must appear for it unless there's something in your small claims rules that says otherwise. That said, understand that small claims courts are used to non-attorneys representing themselves and will likely be patient about presenting the case.
Your grandparents may also want to contact the BBB and the consumer division of the Attorney General's office to see if they can get any help there. Good luck.
Answered on Nov 21st, 2022 at 6:43 AM
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