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Old 02-27-2017, 09:22 AM   #1
ss1
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Default Can my attorney go to small claims court in my place?

If I have an attorney go to small claims court for a case that I filed, can I not go to the court?
The attorney has all the evidence and I do not think I am needed as a witness.

Will the judge allow me not to be there?

Or must the plaintiff always go?
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Old 02-27-2017, 11:45 AM   #2
goddessoflubboc
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Default Re: Can my attorney go to small claims court in my place?

You need to be there. In some jurisdictions attorneys aren't even allowed.
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Old 02-27-2017, 12:10 PM   #3
adjusterjack
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Default Re: Can my attorney go to small claims court in my place?

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Originally Posted by ss1 View Post


Or must the plaintiff always go?
A defendant has an undeniable right to face and question his accuser.

If you don't show up, the defendant can get the case dismissed and possibly be awarded money as a penalty to you for wasting the court's time.

If you don't have the stones to show up then you shouldn't have sued in the first place.
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Old 02-28-2017, 07:15 AM   #4
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Default Re: Can my attorney go to small claims court in my place?

You can ask for a change of the date if there is some very good reason to do so.
Health issue, out of state urgent work, other emergencies or the like.
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Old 03-01-2017, 06:28 AM   #5
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Default Re: Can my attorney go to small claims court in my place?

Quote:
Originally Posted by ss1 View Post
If I have an attorney go to small claims court for a case that I filed, can I not go to the court?
The attorney has all the evidence and I do not think I am needed as a witness.

Will the judge allow me not to be there?

Or must the plaintiff always go?

Somebody--ie you the plaintiff--has to give that evidence and introduce it to the court.

The attorney cannot be plaintiff, witness and counsel all in one.
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