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Charge for Small Claims Court

Discussion in 'Small Claims & Municipal Court' started by Disabled Vet, Aug 30, 2011.

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  1. Disabled Vet

    Disabled Vet Law Topic Starter Active Member

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    A friend of mine is being sued in Small Claims Court by his ex-wife some 27 years ago. My friend has PTSD and doesn't do well around other people let alone in public speaking. Can a friend goes into small claims court with him to present his case for him. He would be there but let me do the talking for him. My friend and I were wondering can he counter sue for a payment to me since I will be doing most of the talking?

    Thanks
    Michael
     
  2. army judge

    army judge Super Moderator

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    Maybe you should try to negotiate with his ex so that court can be avoided.

    But, unless you're a lawyer (and in some states, lawyers aren't allowed), you won't be permitted to be his mouthpiece in court.
     
  3. Disabled Vet

    Disabled Vet Law Topic Starter Active Member

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    I fully agree on this issue in his case would be to work it out the his ex. quick break down of what happen.

    At 19 the child was Emancipated thru the court system.
    At 22 the child decided to attend beauty school in which the (adult child) and mother worked out the payment for the schooling.

    Now 7 years later the ex (mother) is taking the father to small claims court to pay for 1/2 of the schooling cost. She said " He will either not show up because of his PTSD or pay for a lawyer" In which she knows he can't afford right because he is stuck in VA red tape game.

    I guess I will just pay for a lawyer myself to speak for him. I am one of the few friends that he can be around without flipping out. He is really messed up at this point in his life but improving slowly. She also told our friends she intends to walk into court and pat him on the back.... Which at this point in his life a pat on the back will trigger improper behavior.

    I will get with him, get doctors statements, speak with a lawyer.

    Thanks,
    Michael
     
  4. army judge

    army judge Super Moderator

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    If the facts are as you present them, she has no case.

    He, on the other hand, has many defenses.

    One would be the statute of limitations.

    An even better one is that he was never under any obligation (or court order) to pay for any endeavor pursued by an adult issue.

    As far as touching, that behavior is discouraged in the courtroom. The best bet is to keep her away from you. Use your body as a barrier or shield. Get a couple more people and you have an impenetrable fortication.

    If he gets a letter from a physician indicating he is under the care of a physician and is unable to appear in court, you might get this continued. Delay, stall, delay, stymie.

    The letter should be sent directly to the judge hearing the case.

    If it were me (and he can handle it), I'd opt for an aggressive defense. I'd also ask for her to pay my lawyer's fees. Her suit is frivolous and laughable. In fact, it is potentially abusive of him and misuse of the legal process.

    Unless, of course, I'm missing something.
     
  5. mightymoose

    mightymoose Moderator

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    It sounds like it is probably way too late to take this to small claims anyway, even if there was a good argument to make.
     
  6. Disabled Vet

    Disabled Vet Law Topic Starter Active Member

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    Update:
    I spoke with my friend last night. His daughter went to court and told the judge that she had even told her dad that she would pay for her own school. My friend did a good job explaining everything to the judge of why he shouldn't have to pay the ex. Judge said " Ok, I have heard all the facts. The judge told the ex that even if he was to rule in her favor she would have a hard time collecting since my friend is on disability. The judge said " You will get my ruling in the mail in a couple weeks" My friend got the ruling yesterday... He is ordered to pay the ex the full amount... 3200.00 even though the daughter had paid it all herself. NONE TO THE DAUGHTER... Wow I am shocked.....
     
  7. army judge

    army judge Super Moderator

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    The ruling is meaningless to your friend.
    She has a useless judgment.
    He's on disability.
    She can't touch that.
    She's outta her filing fees and time.
    She has a worthless piece of paper.
    In essence, your pal won.


     
  8. Disabled Vet

    Disabled Vet Law Topic Starter Active Member

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    Yep this is true. But it will show up on his credit report. I gave him 130.00 yesterday to file an appeal. We are going to seek out a lawyer for the appeal and request that his ex pay the lawyer fees. I was so shocked that the judge ruled in favor of his ex. I still can't believe it. I have high reguards for the legal system. This really put a damper on the justice system.
     
  9. army judge

    army judge Super Moderator

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    Let me restore your faith, small claims court isn't real court or justice. All it is is a money grabbing scheme by the state.

    As far as his credit report, that's good. No one should use credit anyway.
    Credit is just another scam.
    He's on disability.
    He doesn't get enough money to waste paying 30% interest.
     
  10. army judge

    army judge Super Moderator

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    OP, nevertheless, you're still a good friend.
     
    Disabled Vet likes this.

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