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  1. #1
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    Default Who Must Join a Lawsuit as Plaintiffs

    My question involves small claims court in the state of: Georgia

    If a theft occurs from a joint bank account, and we want to sue. Do both parties need to be listed as plaintiffs or can just one party be listed as plantiff.

    If both parties are required, can one party give power of attorney to the other to represent the case?

  2. #2
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    Default Re: Who Must Be Plaintiffs

    Quote Quoting obelix
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    My question involves small claims court in the state of: Georgia

    If a theft occurs from a joint bank account, and we want to sue. Do both parties need to be listed as plaintiffs or can just one party be listed as plantiff.
    They don't "need" to but they both should be. Anything less than doing this properly could give the defendant a win on a technicality.

    Quote Quoting obelix
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    If both parties are required, can one party give power of attorney to the other to represent the case?
    Sure, one party CAN give POA to the other to represent the case but it won't do any good because the POA doesn't obligate anybody to accept it, doesn't obligate the judge to allow a non-lawyer to engage in the unauthorized practice of law, and gives the defendant an opportunity to win if he isn't allowed to question both parties.

  3. #3
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    Default Re: Who Must Be Plaintiffs

    Quote Quoting adjusterjack
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    They don't "need" to but they both should be. Anything less than doing this properly could give the defendant a win on a technicality.
    No, it would not. However, only the prevailing party would be able to enforce the judgment.
    Quote Quoting adjusterjack
    Sure, one party CAN give POA to the other to represent the case but it won't do any good because the POA doesn't obligate anybody to accept it, doesn't obligate the judge to allow a non-lawyer to engage in the unauthorized practice of law, and gives the defendant an opportunity to win if he isn't allowed to question both parties.
    As suggested, a power of attorney won't do you any good in court. If your wife wants to participate as a party, she should be prepared to come to court. With a case like this, the odds are high that the defendant will default (not answer or show up).

  4. #4
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    Default Re: Who Must Be Plaintiffs

    Ok, so if I were to list her as a plaintiff with me, when I take the statement of claim down to the courthouse, would she need to be present when the clerk takes the paperwork from me?

    Would it be a good idea to send a demand letter to the defendant asking to pay?

  5. #5
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    Default Re: Who Must Be Plaintiffs

    You can file the complaint without her being present. You may even be able to file by mail, although if you do that you should check with the court about other requirements (such as including a self-addressed, stamped envelope for the return of your copies).

  6. #6
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    Default Re: Who Must Be Plaintiffs

    How about a letter.. Would it add any value to send a letter to her certified demanding payment. Like you said, there's probably a chance she'll be so embarrassed that she won't show up to court..

  7. #7
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    Default Re: Who Must Be Plaintiffs

    You can send letters, emails, texts, telegrams, smoke signals.... but no matter what you send, I very much doubt that she's going to respond or pay.

  8. #8
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    Default Re: Who Must Be Plaintiffs

    Quote Quoting obelix
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    How about a letter.. Would it add any value to send a letter to her certified demanding payment. Like you said, there's probably a chance she'll be so embarrassed that she won't show up to court..
    It's always a good idea to send a demand letter, especially if you include a completed (but not filed) small claims complaint form with a deadline date for payment.

    http://www.georgiacourts.org/council...20claim%20.pdf

    Just make sure you follow through with the lawsuit if you don't get paid.

    By the way, you wrote "theft from a joint bank account."

    Did you report it to the police? If not, why not?

  9. #9
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    Default Re: Who Must Be Plaintiffs

    Yes, I reported to police.. There is another thread on that.. She is currently in jail with 11 charges of felony fraud..

  10. #10
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    Default Re: Who Must Be Plaintiffs

    ...and he wants every last drop of blood he can wring from her.

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