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  1. #1
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    Oct 2019
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    Default How Much of the Small Claims Court Process Can Be Done by an Assistant?

    My question involves court procedures for the state of: CA

    As far as filling, going to court, etc. how much of it can be done by an assistant vs. by me?

    If I have to be present, can an assistant of mine be there and talk on my behalf?

  2. #2
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    Mar 2013
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    Default Re: How Much of the Small Claims Court Process Can Be Done by an Assistant?

    Quote Quoting Carl83209
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    As far as filling, going to court, etc. how much of it can be done by an assistant vs. by me?
    It is illegal for your assistant to engage in the unauthorized practice of law. Your assistant can do the paperwork based on your instructions, can file the summons and complaint with the court, and arrange for service on the defendant.

    Quote Quoting Carl83209
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    If I have to be present, can an assistant of mine be there and talk on my behalf?
    You have to be present and you must speak for yourself.

    Does this have anything to do with this?

    https://www.expertlaw.com/forums/sho...t=#post1126881

  3. #3
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    Jul 2018
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    Default Re: How Much of the Small Claims Court Process Can Be Done by an Assistant?

    Quote Quoting Carl83209
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    As far as filling, going to court, etc. how much of it can be done by an assistant vs. by me?
    A person who is not a lawyer may legally do the following things:

    1. Fill out forms as specifically directed by you.
    2. Take documents to the courthouse and file them for you.
    3. Serve process (assuming the person is over the age of 18 and not also a party to the case.
    4. Accompany you to the hearing for the purpose of carrying documents and handing you things as you need them.

    Pretty much anything else has to be done by you.


    Quote Quoting Carl83209
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    If I have to be present, can an assistant of mine be there and talk on my behalf?
    Unless this "assistant" is interpreting for you (i.e., if you speak a language other than English and the "assistant" translates your words into English) or speaking for you as a result of some sort of disability, no. Why would you want someone to talk on your behalf?

  4. #4
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    Oct 2019
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    Default Re: How Much of the Small Claims Court Process Can Be Done by an Assistant?

    Quote Quoting pg1067
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    A person who is not a lawyer may legally do the following things:

    1. Fill out forms as specifically directed by you.
    2. Take documents to the courthouse and file them for you.
    3. Serve process (assuming the person is over the age of 18 and not also a party to the case.
    4. Accompany you to the hearing for the purpose of carrying documents and handing you things as you need them.

    Pretty much anything else has to be done by you.




    Unless this "assistant" is interpreting for you (i.e., if you speak a language other than English and the "assistant" translates your words into English) or speaking for you as a result of some sort of disability, no. Why would you want someone to talk on your behalf?
    Yes I have a speaking disability. Last time I went to small claims court it seemed to frustrate the judge because it took so much longer. And I couldn't present everything.

  5. #5
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    Default Re: How Much of the Small Claims Court Process Can Be Done by an Assistant?

    Quote Quoting Carl83209
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    Yes I have a speaking disability. Last time I went to small claims court it seemed to frustrate the judge because it took so much longer. And I couldn't present everything.
    You will have to go through the process of getting the judge's permission, in advance, for an "interpreter" if that's what you are talking about or any other type of accommodation. And you may very well need to present medical evidence of your disability.

  6. #6
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    Jul 2018
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    Default Re: How Much of the Small Claims Court Process Can Be Done by an Assistant?

    Quote Quoting Carl83209
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    Yes I have a speaking disability. Last time I went to small claims court it seemed to frustrate the judge because it took so much longer. And I couldn't present everything.
    The thing is that you have to testify. An interpreter cannot testify on your behalf. What an interpreter can do (with the court's permission) is "translate" what you say, but if you're speaking English, then there is no translation that can be done. All you can do is show up with your "assistant" and ask the judge to allow him/her to help you. It's not going to happen in advance of the hearing.

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