Attorney in Small Claim court?

[pro_perdef]

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

Anyone ever hear of a court in oregon consenting to allow an attorney appear on behalf of a party in small claims court?

Filed a small claim in Oregon. Defendant first had their attorney file an answer at the last possible minute. Court clerk rejected the filing as they had not obtained the consent of the court for attorney representation.

I filed a motion for default judgment as they had not properly and timely filed an answer within the 14 days allowed. The day after that filing, Defendant's attorney filed a motion to allow attorney representation and to allow the filing of an answer...even though their time limit expired. They never filed a motion for extension of time.

Seems to me their time was up...I'm filing an objection to the motion...still...the attorney should have known that attorneys aren't allowed without court permission, right?

 

[sandyclaus]

According to this Small Claims guide for Oregon (http://www.consumeraffairs.com/consumerism/small_or.html), the courts WILL allow attorney representation, but must obtain the consent of the court first.

And of course, an attorney who is licensed to practice in the State of Oregon SHOULD know this.

Sounds to me like it was a stall tactic. Of course the court clerk rejected the answer as it was filed by an attorney who had not yet obtained the consent of the Court to represent their client before the Court.

If there is a 14-day filing deadline, and you followed the proper procedures and filed your Request for Default according to the deadline and requirements, then it sounds like objecting to the motion for attorney representation is the logical next step. However, if your default IS granted, the other party can still appeal the decision/default.