QUESTION
Could I have someone represent me as the plaintiff in a small claims suit?
Asked on Aug 18th, 2015 on Personal Injury - Alabama
More details to this question:
Can I have someone represent me as the plaintiff in a small claims suit? I live in another state, but I have family members who are willing to represent me in court. I want to sue a customer who hasn't paid me yet. Thank you.
5 ANSWERS
Edwin K. Niles
No, but you could assign the debt to someone in your family and then he/she could sue.
Answered on Aug 19th, 2015 at 4:51 PM
Ronald A. Steinberg
Not unless they are a lawyer.
Answered on Aug 18th, 2015 at 4:46 PM
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Yes, but your relative will have to go to law school and pass the bar.
Answered on Aug 18th, 2015 at 4:16 PM
No, no one is allowed to be represented in Small Claims Court. Your not appearing prevents the defendant and the judge from asking questions. If the contract was made in your state, you can sue in your state [amend your contracts to say actions have to be filed in your state and the laws of your state govern the contract]. But you will have to check as to whether your state allows out of state service of the Summons and Complaint [it probably does].
Answered on Aug 18th, 2015 at 3:59 PM
James Eugene Hasser
Yes; I recommend you consult a collections lawyer. Good luck.
Answered on Aug 18th, 2015 at 3:20 PM