QUESTION
Could someone deemed incompetent file a claim against a sane individual?
Asked on Oct 04th, 2013 on Civil Litigation - New Jersey
More details to this question:
An amount was given to the same person, but the other party filed a compliant stating that were supposed to pay it back and the same party had no prior knowledge of the other parties disabilities before the transaction. Is the same party at fault?
1 ANSWER
I don't understand your question. A person who has been adjudicated incompetent can bring an action through his/her guardian. If no court judgment of incompetence, then there is a presumption of competence, and thus no special considerations. I don't understand the remainder of your inquiry.
Answered on Oct 08th, 2013 at 10:39 AM