requester123 Posted November 2, 2012 Report Posted November 2, 2012 I have won 5 out of 5 law suits against 5 DCs in State Court. Recently, I have a DC file law suit in Magistrate Small Claims court for $10K against my spouse. I want to be able to guide her so she doesn't fall into a trap of this DC who provides affidavit to confirm they don't have any original contract but they have assignee rights from an assignor my spouse didn't have any agreement with. 2 Questions1. We have sent a Response & Affirmative Defense to the Claims Complaint as Pro se (my spouse). Can I stand beside her and advise her to answer questions during any potential bench trial and must I send any type of document in prior to introduce myself as maybe, agent?2. In Small Claims Magistrate Court, can we start a Discovery Process (Req for Prod of Docs, Interrogatories, Admissions of Facts etc) after we have just sent in the Response to their Claims Complaint. Is this necessary before any bench trial date is set in a small claims court?
BrunoTheJDBkiller Posted November 2, 2012 Report Posted November 2, 2012 Can I stand beside her and advise her to answer questions during any potential bench trial and must I send any type of document in prior to introduce myself as maybe, agent?I doubt it, you are not an attorney. Even power of attorney does not allow you to practice law. If it did, we'd all be doing it.
BTO429 Posted November 2, 2012 Report Posted November 2, 2012 (edited) Motion to intervene as defendant... this is the only way< if you are not named in the suit that the court will allow it. Only bad thing is if you lose you put yourself in a legal situation where you will also be held to the same liability as your wife. Edited November 2, 2012 by BTO429
KentWA Posted November 2, 2012 Report Posted November 2, 2012 You can likely do some of this. The judge may ask you who you are when you two stand up. If you tell him "you are her spouse and are here for moral support, to hand her any documents she asks for *and* to keep your mouth shut during proceedings", he may very well let you do those limited things.
BTO429 Posted November 2, 2012 Report Posted November 2, 2012 You can do what ever the judge allows....if he says no then that it.
BrunoTheJDBkiller Posted November 3, 2012 Report Posted November 3, 2012 O.C.G.A. 9-11-24 (2010)9-11-24. Intervention (a) Intervention of right. Upon timely application anyone shall be permitted to intervene in an action:(1) When a statute confers an unconditional right to intervene; or(2) When the applicant claims an interest relating to the property or transaction which is the subject matter of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.I don't think intervention would apply, what interest do you have in this case that requires you to intervene? The fact that your spouse may not know anything about the law isn't going to be a valid reason. The plaintiff will object, stating that you were not a party to the transaction nor the responsible party. Why not bring her to the forum? I'm sure she could learn enough to take care of this herself.
antiquedave Posted November 3, 2012 Report Posted November 3, 2012 If she loses who is going to have to actually come up with the money to pay the bill? If they get a judgment what assets would they put a lein on and what impact would it have on you as the spouse?is your interest adequately represented?
requester123 Posted November 12, 2012 Author Report Posted November 12, 2012 BUMMER.....she is not fluent in English. Oh well, we'll just have to roll with the punches.Can someone comment to this 2nd question -In Small Claims Magistrate Court, can we start a Discovery Process (Req for Prod of Docs, Interrogatories, Admissions of Facts etc) after we have just sent in the Response to their Claims Complaint. Is this necessary before any bench trial date is set in a small claims court?
Flyerfan Posted November 12, 2012 Report Posted November 12, 2012 BUMMER.....she is not fluent in English. Oh well, we'll just have to roll with the punches.Can someone comment to this 2nd question -In Small Claims Magistrate Court, can we start a Discovery Process (Req for Prod of Docs, Interrogatories, Admissions of Facts etc) after we have just sent in the Response to their Claims Complaint. Is this necessary before any bench trial date is set in a small claims court?The court will offer you a translator if that is the only issue.
BrunoTheJDBkiller Posted November 12, 2012 Report Posted November 12, 2012 Mag court in GA does not allow discovery unless your opponent agrees to it or the court orders it.
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