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  1. #1
    sheppards is offline Junior Member
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    can i use power of attorney to file lawsuit

    What is the name of your state (only U.S. law)? OHIO
    my nephew is in prison and i have power of atorney; can i file a small claims case on his behalf?? does power of attorney allow me to file lawsuits on his behalf??
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by sheppards View Post
    What is the name of your state (only U.S. law)? OHIO
    my nephew is in prison and i have power of atorney; can i file a small claims case on his behalf?? does power of attorney allow me to file lawsuits on his behalf??
    Yes, if you happen to be an attorney

    Otherwise, no.
  3. #3
    ecmst12 is offline Senior Member
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    Power of attorney doesn't actually MAKE you an attorney. However, you can hire one for him.
  4. #4
    latigo is online now Senior Member
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    Quote Originally Posted by ecmst12 View Post
    Power of attorney doesn't actually MAKE you an attorney. However, you can hire one for him.
    Hire one for him?

    Would you care to attempt to justify your non-professional "theory" that it would be proper for a lawyer to make a formal appearance in a court of law supposedly representing an absent litigant - for any professional purpose - based solely on the strength of the say so of a person purportedly holding the litigant’s power of attorney?

    If you possessed any semblance of a credential qualifying you to offer “free legal advice”, which you distinctly do not, you might know that a lawyer would have his or her neck sticking out a mile in doing so without signed written authorization from the absent client.

    And authorization directly verified by the lawyer through personal communication with the proposed client.

    (I won't bother to explain to you the futility of a lawyer walking into a court trial without the presence of his or her "client" - complainant or respondent. Even in an Ohio small claims court where the appearance of lawyers is optional.)

    But for your much-needed edification I will inform that a person possessing a power of attorney does in deed hold the position of an “ATTORNEY”!

    Definitions:

    Attorney-in-fact:A person who holds power of attorney, and therefore is legally designated to transact business and execute documents on behalf of another person.”

    Attorney at law: A person admitted to practice law in a jurisdiction, authorized to perform both civil and criminal legal functions for clients. These functions include drafting of legal documents, giving legal advice, and representing clients before courts, administrative agencies, boards, etc.”

    If you are going to persist in contributing your brand of “legal advice” without announcing your lack of credentials, you ought to at least confine yourself to the shallow end of the pool.
  5. #5
    BOR
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    So, latigo, are you saying, since you know so much, that a Durable Power of Attorney can not be next of friend??
  6. #6
    sheppards is offline Junior Member
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    u all misunderstand my question

    in Ohio, any person can file a claim in small claims court to recover monetery damages; the clerk at Hamilton County tells me "tell your nephew to come down here and file the lawsuit"... but, my nephew is in jail... so once again the question is... Can i, having power of attorney, file a small claims lawsuit against his former friend who owes him money?? we have proof and witnesses that this money is owed****************************......
  7. #7
    racer72 is offline Senior Member
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    Can i, having power of attorney, file a small claims lawsuit against his former friend who owes him money??
    Yes, you can file the lawsuit. Your nephew will have to appear at the hearing. Anything you present in his absence is hearsay. The defendent also has the right to question the plaintiff, he can't do that if he is in prison.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  8. #8
    latigo is online now Senior Member
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    Quote Originally Posted by BOR View Post
    So, latigo, are you saying, since you know so much, that a Durable Power of Attorney can not be next of friend??
    Where have I intimated that a DPA can't be appointed "next of friend"?

    But please explain what “next of friend” or “guardian ad litem” has to do with the issue. And what holding a POA or DPA has do with being court appointed to either “next of friend” or “guardian ad litem”. I know of no such criteria.

    And thirdly do you know of any provision under the Ohio Revised Code where by “a next friend” can be appointed to represent the interests of a non-incapacitated inmate of a state penal institution? Because I haven’t found any reference to that subject mentioned in the ORC; several other references to “next friend” – minors, incapacitated persons - but none with respect to an incarcerated adult per se.
    _______

    The issue IS that what’s her face –who with her “insurance adjuster” mind set (we don’t hire you to spend company’s money) foot-notes each of her tinkering in here in upbraiding the American Judicial System as being nothing more than a cash cow –

    - tells the OP that as the attorney-in-fact for his incarcerated nephew he has the full authority to “hire him a lawyer” to appear in small claims court on his behalf.

    And I’m saying that a conscientious lawyer would not appear in court on behalf of an absent but fully competent adult litigant without having written authorization direct from the client – power of attorney or no bloody power of attorney - in prison or back on the streets doing his thing.

    Now if you disagree, that is your privilege. But if unlike what’s her face if you are in deed a licensed practicing attorney then I doubt that you can honestly do so.

    Furthermore, if ever so licensed - then same as I - you took a solemn oath “to uphold the dignity” of our courts.

    Personally I have never looked lightly upon that oath and when people speak out in criticism and in disrespect of the system I INTEND TO SPEAK BACK!

    Particularly to those such as this particularly critical individual who wouldn’t know a college of law from a Walmart Garden Center.
  9. #9
    justalayman is offline Senior Member
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    Latigo, do you think maybe you ran a bit too far with this?

    ecmst12 posted:

    Power of attorney doesn't actually MAKE you an attorney. However, you can hire one for him.
    there is nothing incorrect about that statement. Nobody said anything about the attorney not communicating with the incarcerated guy. You ran off on that tangent all on your own without any prodding from anybody.


    and actually, I believe the OP's original question:

    does power of attorney allow me to file lawsuits on his behalf??
    would also be affirmative.


    Now, as far as how the incarcerated plaintiff will deal with needing to be in court or if there is some method to allow the suit to go forward without the incarcerated plaintiff attending, I don't know but that is not what was asked and that is not what ecmst12 said.

    Rather than jumping as you did, maybe something such as:

    sure, she could hire an attorney but you still have to figure out how the incarcerated guy will be able to show up in court as while the attorney can be hired and can actually represent a plaintiff in Ohio Small Claims court (I believe it is so anyway), as a plaintiff and witness, the incarcerated guy will most likely still be needed to actually be present when the trial takes place.
  10. #10
    sheppards is offline Junior Member
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    ok.. no way the prison system will bring him all the way back to Cincinnati for a small claims court case...
  11. #11
    sheppards is offline Junior Member
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    its alright... his friend is more ignorant of the law than i am; he is paranoid that i can sue him.. and is coming up wigth ways to PAY the DEBT
  12. #12
    BOR
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    Quote Originally Posted by latigo View Post
    Where have I intimated that a DPA can't be appointed "next of friend"?

    But please explain what “next of friend” or “guardian ad litem” has to do with the issue. And what holding a POA or DPA has do with being court appointed to either “next of friend” or “guardian ad litem”. I know of no such criteria.

    And thirdly do you know of any provision under the Ohio Revised Code where by “a next friend” can be appointed to represent the interests of a non-incapacitated inmate of a state penal institution? Because I haven’t found any reference to that subject mentioned in the ORC; several other references to “next friend” – minors, incapacitated persons - but none with respect to an incarcerated adult per se.
    You posted before to emcst:

    Would you care to attempt to justify your non-professional "theory" that it would be proper for a lawyer to make a formal appearance in a court of law supposedly representing an absent litigant - for any professional purpose - based solely on the strength of the say so of a person purportedly holding the litigant’s power of attorney.
    This tells me you are a professional since you question others? Are you?

    Next, the Q was, could a DPA be next of friend as noted. If you can't answer that for sure, you should not Q the "free advice" of others is all I meant.

    Did you even know what next of friend was before you looked it up??

    If the state can criminally try a person without them being present, don't be so sure a civil attorney can not represent a person who is not present, incapacitated or not.

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