do they have to show up in court in our city/state? IF they have to show up in small claims court (pay for travel etc.), wouldn't that increase our chances for winning? Thanks
If you file in your jurisdiction, they will have to answer/appear in your jurisdiction. Depending on the amount being asked for, they may or may not show up. If it is a substantial amount, they may appear or they may just hire any atty to appear for them. It just probably depends on how far away they are located. If the amount in question is small, they may just blow it off as it may not be worth their time and effort.
Can atty's show up in small claims court? I live in VA. Anyone in VA, MD know? I remember in California attys could not come into small claims court. If this is the case for Virginia, then I think I am up and running. My open collections are all under $500.00 Thanks
Usually, small claims you have to represent yourself. However, when they file their answer, all they have to do is request the case be bumped up the next level. In Az. it goes from small claims up to Justice of the Peace court. When they request the transfer up, it is usually automatically approved. You can still represent yourself, but they can have an atty. Breeze I think would know.
Looks like for Virginia attys can't be presnet unless it is pro-se (doesn't htat mean 'FREE'? ) I doubt an out of state collection company will be interested in working for free. Suing out of state collection agencies might be a strategy for us.
Forgot this....4:4 Counsel Attorneys may not serve in a representative capacity in the Small Claims Division of the General District Court (Code of Virginia, Section 16.1-122.4). Attorneys are permitted to file removals, appeals, and suggestions of bankruptcy on behalf of a party. The clerks will return any motion, garnishment, or other pleading filed in the Small Claims Division which has been signed by an attorney who is not a party to the action. All parties shall represent themselves in actions before the Small Claims Court except as follows: 1. A corporate or partnership plaintiff or defendant may be represented by an owner, a general partner, an officer, or an employee of that corporation or partnership. An attorney may serve in this capacity if he is appearing pro se, but he may not serve in a representative capacity. 2. A plaintiff or defendant who, in the judge's opinion, is unable to understand or participate on his own behalf in the hearing may be represented by a friend or relative if the representative is familiar with the facts of the case and is not an attorney.
OK.....:-((((((((( You are right. Here is the text from the website...4:8 Removal of Cases to the Civil Division of the General District Court A defendant has the right to remove his or her case to the Civil Division of the General District Court at any point preceding the handing down of the decision of the judge. The defendant (or the defendant's attorney) should complete and sign the "Removal to General District Court" form on the back of the warrant and submit it to the Small Claims Clerk's Office or hand it to the judge in the courtroom. A return date in the Civil Division should be selected at the time of removal for about 30 days away, Monday through Thursday. No fees are involved.
The c/a that I am dealing with (behalf of hubby) is in CA and I live in TX. The amount is 540 dollars, but I sent them a validation letter. They are not bonded in TX, so I was told not to pay them. (Sec. of State). So I'm waiting to see the response I get and go from there. The SOL is up middle of next year, so I don't want to end up rocking the boat and flipping it........lol But I was thinking about the sue angle today and found this post!
"Pro se" means the attorney is representing himself. So an attorney can appear in small claims court if the attorney is the person you sued.
