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Have to show up in court?

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becivil

Junior Member
What is the name of your state (only U.S. law)? Ohio

An ex-roommate of mine is threatening to send me to small claims court. However, I am out of the country for the next 3 months. She knows this, and assumes she can automatically win since I can't show up.

Can I send someone in my place? Do they have to have Power of Attornery or anything else?

Thanks!
 


racer72

Senior Member
You would have to show up or a default judgment will be granted. You do have a something on your side, it will be difficult to serve you while you are out of the country. If you are somehow served, just ask for a continuance till you return.
 

becivil

Junior Member
Thanks, racer72. My mother has power of attorney while I am away. She isn't able to go in my place?

Also, since I am traveling out of the country I don't currently have a permanent address. Therefore, can she actually use my parents' address to serve me?
 

racer72

Senior Member
You could be served at your parents house. This would be considered legal service. Your mother cannot appear in your place, POA does not cover court appearances.
 
You do need to make an appearance. Although that is generally in person, it doesn't have to be. It may be by letter or fax (if that court accepts faxes). You may request a continuance until you return home. BUT you must do it as soon as possible and at least 10 days before the set hearing date. If you don't, the other party will win a default judgment.

In your appearance, explain why you will be unable to attend court on that day and when you will be able to attend. Just saying you are out of the country doesn't always work. If you are working say so. If you are on vacation, point out that you don't have the money in your budget to fly round trip to appear in person. If you are caring for a sick relative, say so. You do not need to go into details, summarize why you can't be there and the latest expected date of your return. Give the address of where you are staying. You may also ask for a specific date for the hearing after your return.

Send a copy to the Small Claims Court Clerk AND the former room mate. Point out that you are sending a copy to the room mate so that the room mate is aware.
 

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