Legal Question in Real Estate Law in North Carolina

if only one spouse can appear in small claims

I am wondering whether I need a statement from my husband authorizing me to represent him in small claims. If I need a statement from him, what kind do I need?

If I don't need a statement from him, can the defendants raise an objection and get the case dismissed?


Asked on 9/15/07, 3:10 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: if only one spouse can appear in small claims

You technically probably cannot represent your husband in court, regardless of any documents you bring with you (other than a license to practice law). You may, however, be able to simply present your case, which may be sufficient to present his case also, especially if you two are basically united in interest in the claim (e.g. the subject of the dispute is property which you both own). You may want to consult with an attorney and provide him or her with more details. There is theoretically a problem with a non-law representing another person (even a spouse) in any court (including small claims court).

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Answered on 9/15/07, 6:14 pm


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