Legal Question in Education Law in New Jersey

Public School's Failure to pay ABA Home Therapist

I am suing a school system under which I was employed for approximately two years for failure of payment for one session. When in small claims court, is the school required to send an attorney or do they have the legal option of sending a representative like a business administrator? I am aware that I can claim reimbursement for filing fees. Am I also entitled to claim reimbursement for attorney's fees? (Particularly, if the school is REQUIRED to send an attorney to small claims). Thank you.


Asked on 2/05/04, 1:01 am

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Public School's Failure to pay ABA Home Therapist

You don't state where you filed suit. Although NY law provides that a corporation must be represented by an attorney, the court may allow a school to be represented by an administrator.

You can only get attorney's fees if you have an attorney.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 2/06/04, 8:31 am


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