Can I use POA in California?
This is a discussion on Can I use POA in California? within the Small Claims Courts forum, part of the Civil Litigation category; Can I use a Power of Attorney for small claims court in California?...
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|Sep 2nd, 2010, 03:45 PM||#2|
Join Date: Nov 2006
Re: Can I use POA in California?
California Small Claims Court FAQ: Can Someone Else Represent You?
In most situations, parties to a small claims action must represent themselves. As a general rule, attorneys or non-attorney representatives (such as debt collection agencies or insurance companies) may not represent you in small claims court. Self-representation is usually required. There are, however, several exceptions to this general rule:
For example, this exception to the general rule of self-representation might permit a dentist's bookkeeper to represent the dentist in an action to collect a patient's account. However, if the patient alleged that the dentist's services were unnecessary or performed poorly, the case would involve another issue of fact, and the dentist would need to appear at the hearing in person. As in all actions to collect debts and accounts, the plaintiff's claim form must include an itemization of all fees and charges that have been added to the original loan amount or agreed price.
In the following kinds of situations, a party need not appear in court, and may either send a representative or submit written declarations to prove his or her claim or defense. However, the representative can't be compensated, and is disqualified if he or she has appeared in small claims actions as a representative of others four or more times during the calendar year.
An individual who represents a party to a small claims court action must complete and sign an Authorization to Appear on Behalf of Party (Form SC-109) — a form provided by the clerk of the small claims court or printed at the Judicial Council's self-help website. The representative must state that he or she is actually authorized to represent the party, and he or she also must describe the basis for that authorization, such as a letter from the represented party. If the represented party is a corporation or other legal entity or an owner of real property, the representative also must state that the representative isn't employed solely to represent the corporation or entity in small claims court. In the other situations listed above, the representative must state that the representative is acting without compensation, and hasn't appeared as a representative in small claims actions more than four times during the calendar year.
California Small Claims Court FAQ: Can Your Spouse Represent You?
Spouses may represent each other in small claims court if they have a joint interest in the claim or defense and the represented spouse has given his or her consent. However, one spouse may not represent the other spouse if the court decides that justice would not be served — such as where their interests are not the same and may conflict. The represented spouse need not come to court if the judge allows representation.
I'm not a lawyer. The information I gave is based on certain research. Please review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
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