Can a defendant in Small Claims Court be represented by someone else?

Full question:

Can a defendant in Small Claims Court be represented by someone else (in this case the spouse as the defendant had a recent stroke and can not always properly articulate his thoughts). Could the spouse present the evidence or assist defendant in answering questions?

Answer:

Small Claims Courts and proceedings are less formal than proceeding in higher Courts. You can be represented by an attorney. Some Judges may allow a person other than an attorney to testify but it is not likely they they would be able to help you answer questions unless there is some disability.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If a defendant fails to appear in Small Claims Court, the court may issue a default judgment against them. This means the plaintiff could win the case automatically, as the defendant did not present their side. It's important to communicate with the court if you cannot attend, as they may allow rescheduling in certain circumstances.