workingpoor Posted December 13, 2010 Report Share Posted December 13, 2010 Hello everyone. I was wondering if I could represent, or speak on behalf of, my wife if her case ever made it into court? If we file the paperwork "pro se" does the mean that SHE actually has to present her case? I don't think her comfort level in front of a judge would be all that great... Link to comment Share on other sites More sharing options...
nascar Posted December 13, 2010 Report Share Posted December 13, 2010 Only under very isolated circumstances can you do that. So, unless she is somehow unable to act on her own behalf, your wife will need to handle this herself. Link to comment Share on other sites More sharing options...
workingpoor Posted December 13, 2010 Author Report Share Posted December 13, 2010 Only under very isolated circumstances can you do that. So, unless she is somehow unable to act on her own behalf, your wife will need to handle this herself.I was afraid you were gonna say that... Link to comment Share on other sites More sharing options...
skippy1960 Posted December 13, 2010 Report Share Posted December 13, 2010 You can also check to see if you can join the suit, meaning request to be a defendant based on community property laws of your state. You should check with an attorney in your jurisdiction before doing this to make sure it is a good idea in the event things go badly. Don't make a snap decision on this check it out.Finally, depending on the amount of debt and who you are facing you may want to look at forcing arbitration. If JAMS is the forum you can speak for your spouse in that venue, plus the cost for them to pursue the claim is alot more. Be sure to research this also prior to making a decision. Link to comment Share on other sites More sharing options...
nascar Posted December 14, 2010 Report Share Posted December 14, 2010 You can also check to see if you can join the suit, meaning request to be a defendant based on community property laws of your state.Gotta be real careful about that. If a judgment is taken against one spouse as an individual, the only property subject to execution is generally that non-exempt property belonging only to the judgment debtor spouse. The marital propery is not subject to execution when the judgment is against only one spouse.If you allow the judgment to be taken against both husband and wife, everything not exempt by law is fair game. Link to comment Share on other sites More sharing options...
skippy1960 Posted December 14, 2010 Report Share Posted December 14, 2010 Those were the points I was trying to make, meaning you better know the end result of joining the suit, prior to making that decision based on the OP's jurisdiciton. Link to comment Share on other sites More sharing options...
workingpoor Posted December 14, 2010 Author Report Share Posted December 14, 2010 No, I wouldn' join the suit. Only act as "council" for my wife Link to comment Share on other sites More sharing options...
skippy1960 Posted December 14, 2010 Report Share Posted December 14, 2010 I think you need to be an attorney to practice law or represent even your wife. Fortunatley we were able to find a settlement prior to any court appearances. She wasn't interested in going to open court and arguing the case. Link to comment Share on other sites More sharing options...
Methuss Posted December 14, 2010 Report Share Posted December 14, 2010 You can have your wife sign a limited power of attorney for you to represent her interests. I did this with my wife (at the time she was just fiance) in a debt collection matter and the judge accepted it. I didn't have to be a lawyer or registered with the bar to represent her in small claims.I imagine that would not be the case in circuit or higher courts. But in "litterbug court" the rules are generally very loose. Anyone who has been in small claims knows its really nothing more than standing there each side stating their claims in turn and the judge making a decision on who he thinks is right....there's no complicated pleadings or discovery...just you and your opponent and whatever evidence you brought with you. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted December 14, 2010 Report Share Posted December 14, 2010 No, I wouldn' join the suit. Only act as "council" for my wifeWhat Methues said is fine you can try the power of attorney thing. Link to comment Share on other sites More sharing options...
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