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Small Claim Hearing

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A

Apex

Guest
What is the name of your state? California

Hi! I like to know if I'm not able to attend the hearing myself, how do I authorize another person to represent me in the hearing? Is there some kind of form to fill out or just write a letter to the small claim court?

Also what do I need to bring to court as evidence? Is the book and contract enough? And what are some important procedures I need to know/specially make note of?

Apex
 
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I AM ALWAYS LIABLE

Senior Member
My response:

You have two choices:

1. Attend the hearing at the appointed date and time, or your case will be dismissed if you're the Plaintiff, or you'll lose by "default" if you're the Defendant.

2. You ask the clerk for a continuance to a date when you can appear, and pay your continuance fee.

There are no "stand-in" litigants allowed. The court wants to, and needs to, hear from the actual participants involved in the situation.

IAAL
 
A

Apex

Guest
Thanks for the advice, IAAL!

But as a company, can't we send person(s) who know all the info about the case, instead of the person who signed the plaintiff's claim form?

And does the Personal Service process server have to appear on the court hearing day as well?

Thanks again!
Apex
 

I AM ALWAYS LIABLE

Senior Member
Apex said:
Thanks for the advice, IAAL!

But as a company, can't we send person(s) who know all the info about the case, instead of the person who signed the plaintiff's claim form?

And does the Personal Service process server have to appear on the court hearing day as well?

Thanks again!
Apex

My response:

Why didn't you mention that one of the litigants was a company in your first post?

If a corporation files a claim, an employee, officer, or director must act on its behalf. If the claim is filed on behalf of an association or other entity that is not a natural person, a regularly employed person of the entity must act on its behalf. A person who appears on behalf of a corporation or other entity must not be employed or associated solely for the purpose of representing the corporation or other entity in the small claims court. You must file a declaration with the court to appear in any of these instances.

IAAL
 
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