trueq

Representing spouse pro se' (solution)

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Hi TrueQ,

I saw that you helped "J in Colorado" and was hoping you could help me out. However, I don't think the questions I have are relevant to this thread. I am new at this website and still learning the ropes. I tried PM but I have to have 15 posts before you can receive my PM. The question I am having pertains to a Pattern Interrogatories papers I was served today. It states that I have ten days to apply and I have been researching this today and looking at threads/posts regarding this topic. With all the research I have found I think I made myself even more confused. I saw some of your posts on "J in Colorado's" thread and hoped you could help out. Could you start a thread for me and let me know the name and I will search it. Or I can start a thread and have you search it, which ever is easy!

Thanks

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Some of you are being a little heavy handed about this, particularly admins who to me, appeared a little rude in her questions and the way she tried to frame or derail this discussion.

The truth of the matter is, every situation is unique and every state is, too. Each couple has to weigh their alternatives. Community property or not, if a person's spouse is sued, the spouse can't represent themselves and the couple can't afford the ridiculous costs of defending litigation, then this might be the best option. Even if say, creditors couldn't go after the other spouses asset unless he intervenes, we all know that marital assets are so intertwined he's going to end up paying if the case is lost in the end anyway. That's why it's a marriage and the spouse always has an interest in the legal affairs of his or her spouse.

In California, for example, the small claims court even provides a standard form for a spouse to stand in for the other.

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Also Utah allows this by statute. By simple motion to the court a spouse or friend can defend a civil suit with the provision that no money changes hands. I think no court is going to go after a spouse working with the person being sued helpping out or even speaking on their behalf due to the impact a judgement could have on the finances of the couple together.

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I can really relate to this topic, my spouse would instantly melt at even the thought of having to defend herself in court. You better believe the JDB and their sleazy lawyers are counting on this in a never ending quest for default judgments. Fortunately, right now I've got the opposite situation with the wife being named in a CC suit where she doesn't belong. First priority is getting her off the complaint which should cause plenty of unplanned work and cost for the legal predators. With the wife out of the way, the plaintiff is going right down on the mat to work, jump hoops and fight me every single step of the way.

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It is illegal in every state.

BV80- the statute you posted has two separate clauses. You are trying to connect the two to make it read soemthing it does not. The compensation issue has to do with the second clause only.

But let's put this in perspective. If a spouse helps out, nobody is going to get charged with any felony. The court may not recognize the "assisting" person or allow them to speak in court, but the statute isn't designed for spouses. They're looking for people posing as attorneys. It is a public protection statute. They have similar statutes for those practicing medicine without a license.

i think i agree with the part that the statute seems to be aimed at shady people pretending to be an attorney. the statute does not address the situation presented at least as a layman i cant see the wording of it.

it would be great if there was case law that addresses the specific situation in question: wife/husband gets sued. spouse helps husband present legal argument in court. i think the same would apply to father/son, mother/daughter, parent/child, brother/brother, etc

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Also Utah allows this by statute. By simple motion to the court a spouse or friend can defend a civil suit with the provision that no money changes hands. I think no court is going to go after a spouse working with the person being sued helpping out or even speaking on their behalf due to the impact a judgement could have on the finances of the couple together.

Here in Florida (small claims court) the judge did allow (and will allow with a strong argument) spouse to act 'pro se' in our case - keep in mind the implications as described in posts from MG5 and FLLawyer. But these are weighed and messured to your own circumstances.

Edited by FL4answer58
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Here in Florida (small claims court) the judge did allow (and will allow with a strong argument) spouce to act 'pro se' in our case - keep in mind the implications as described in posts from MG5 and FLLawyer. But these are weighed and messured to your own circumstances.

I disagree, in my experience, the Hearing Officer (fake judge) did not allow the spouse to speak at the hearing, or even to be present during mediation.

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bnkrptlsr:

The hearing officer also would not let me speak for spouse or represent or speak pro se in hearing ...indeed did yell at me for doing so (I just whispered in her ear once) in hearing ...see our posts.

BUT once in front of the judge (motion for hearing) with a strong argument.. the judge did grant and made it a matter of record that I (spouse) would and could represent case for spouse pro se.

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Update: 9/9/10

As this was an old post I wanted to point out that this is small claims court in FL. I have now successfully argued twice (separate actions) before a judge and been allowed to defend my spouse in small claims.

Edited by FL4answer58
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