Can't physically appear, please help.

[Golfpro1]

What is the name of your state (only U.S. law)? NY.

I live in FL, trying to help represent my mom (88, not in good health and can't attend court) in small claims court over a dispute with a contractor. I have two questions:

1. Is there any way I can represent her without physically going to NY?

2. If no one attends, the way I understand it, the contractor wins a judgement for the full amount of the claim and then will put a lien on the house. My question is, is there any way to fight the lien or are we just stuck with paying this when we go to sell. Thank you.

Frank

 

[OHRoadwarrior]

Sounds like it will cost you as much to hire mom a lawyer as it will to travel and assist. How much is the contractor claim?

 

[Golfpro1]

Yes I know, I have thought of that but I just hate to see this guy get away with this scam. The amount is $800. He was paid what we verbally agreed upon. Now he is hitting us with a bogus bill.

So I guess what your saying is I can't contact the judge by mail to plead our case, you have to be there in person or your attorney has to be there in person.

Thank you for any additional info. Any input on question #2?

 

[cbg]

Unless you are a lawyer, you cannot represent her even if you do go to NY.

 

[sandyclaus]

Unfortunately, only your mom or her licensed legal representative (i.e. attorney) can plead her case, and they must appear physically before the court to do that.

I'm not sure if NY state law allows for reimbursement of attorney fees, but you might be able to find someone who can do the appearance for a flat fee. If you can recover your attorney fees out of the deal, all the better.

 

[BL]

If you think he is scamming her contact the Office Of Attorney General nearest where she lives .

Also contact the Legal Aid Office closest to where she lives .

Folks don't take kindly to scamming the elderly.

 

[Golfpro1]

Thanks for your reply Sandy. The person that answered the phone at the village office where court is held, said I could represent her but I would physically have to go there. Since you and CBG are telling me this is not the case, I am going to call tomorrow and double check.

Also, thank you BL for your input. I definitely am going to follow your recommendation.

Since no one has responded to question #2, I am going to assume their is nothing you can do to dispute a mechanics lien once it has been recorded.

 

[Proserpina]

Thanks for your reply Sandy. The person that answered the phone at the village office where court is held, said I could represent her but I would physically have to go there. Since you and CBG are telling me this is not the case, I am going to call tomorrow and double check.

Also, thank you BL for your input. I definitely am going to follow your recommendation.

Since no one has responded to question #2, I am going to assume their is nothing you can do to dispute a mechanics lien once it has been recorded.

Get the person's name and find out their position. Court employees are not allowed to offer legal advice and they are certainly not allowed to offer incorrect legal advice.

You cannot, as has been stated, represent you mother unless you are licensed to practice law in that state.

The time to dispute the judgment and lien is in court - not afterwards.

 

[Golfpro1]

I will take your advice and get her name and position. I will call this morning. Originally she would not answer this question but she said she checked with someone and because my Mom is 88 and not in good health, I would be able to appear on her behalf.