Can I Sue On Behalf Of Spouse?

Discussion in 'Credit Talk' started by Keller, May 12, 2002.

  1. Keller

    Keller Well-Known Member

    I just thought about THIS!!!!

    I have been working my tail off on our credit files. My husband doesn't know the FIRST thing as to what's going on!!

    I just got through writing up complaints to be served and I can't send my husband to court! He won't know the FIRST thing to say or do!

    Can a spouse allow his or her "better half" to SPEAK on their behalf?

    I am going to have to do it ALL. . . FILE, Show up in court, etc., even though they are technically my spouse's accounts. Since Texas is a community property state, will that make a difference? Or does it matter?

    wolverine? Other counselors here, please answer

    Thanks a million!

    Keller
     
  2. Kiyi

    Kiyi Well-Known Member

    Just bring him with you and just say, I am going to be talking on his behalf since I do the bills and take care of the financial end of the marriage. What are they going to say? No? I don't think so.
     
  3. Keller

    Keller Well-Known Member

    I was thinking upon the same lines. I could also call the JP court and ask, ya think?

    I was just trying to keep this from consuming "BOTH" of our time.

    Also, I was thinking about going and sitting in on a couple of days of court proceedings in the judges courtroom where my complaint will be held. Am I getting too "anal" about this whole thing? (I am sorry about the "tacky" lack of better word). Forgive me. :eek:)

    Keller
     
  4. Keller

    Keller Well-Known Member

    Thanks, Lizardking, for your response and help, as usual.

    Can I ask another favor of you?

    I just posted another question concerning the Complaint and how to proceed.

    Could you take a look at my question posted under that subject?

    Thank you.

    Keller
     
  5. KHM

    KHM Well-Known Member

    Keller-
    I agree with LK, I filed a lawsuit for my husband but named both of us as the plaintiff, I filed in Small Claims court, and the clerk there said it was ok.
     
  6. Keller

    Keller Well-Known Member

    KHM, did you go to the courthouse and "file" the papers without him? I was just wondering if my husband HAD to present when the papers are orginally filed.

    Thanks,
    Keller
     
  7. KHM

    KHM Well-Known Member

    Keller-
    I filed without him.

    I put plaintiff as "Mr & Mrs. KHM", then they only needed my signature. My SCC is VERY slow, our court date hasn't been set yet, we filed in January and when I call they say they are backed up and it will be "around August".

    However, after the MILLIONTH CRA dispute, they finally deleted from EQU, if they delete from the other 2, I am going to drop the lawsuit.
     
  8. Keller

    Keller Well-Known Member

    That sounds good. Hopefully they will delete from the other two and you won't have to continue this mess. And. . .IT "IS" A MESS!!!

    Thank you for the insight. This clarified what I needed to know.

    Thanks,
    Keller
     
  9. KHM

    KHM Well-Known Member

    Keller-
    You're welcome!

    I just happened to pull hubbys TU via Worthnothing, and they have deleted from there too!!! Now he only has 1 neg!!! Off to pull TU for a "fake" score!

    Good luck with the suit!
     
  10. Tuit

    Tuit Well-Known Member

    Bump

    Tuit :)
     
  11. charlieslex

    charlieslex Well-Known Member

    Where is Keller? She was working big time on lawsuits and then she disappeared!! Charlie
     
  12. Tuit

    Tuit Well-Known Member

    Maybe with all of the recent goings on regarding other's court cases, she has decided to stay in the background???

    Tuit :)
     
  13. tac14033

    tac14033 Well-Known Member

    I always sued for my wife's credit accounts. As was stated you list the both of you as plaintiffs.

    I also drew up a power of attorney having my wife give me all powers over any of her matters, personal and financial. This also allows me to sign her name as well.

    I went to court for a preliminary hearing without her and presented the judge with the power of attorney document.

    This allowed me to represent her and my case without her even being there. Since I was also a plaintiff in the matter, I was not considered her attorney of law and could continue on with presenting my case.

    My wife will not got to court, she's way too scared.

    Luckily I have settled all of her cases out of court.

    That preliminary hearing where I represented myself without her, the other party never showed up.

    Tac
     

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