Legal Question in Civil Litigation in Ohio

Small Claims court

My Ex wife has filed a suit for unpaid medical bills for my daughter, the reason i have not paid, is due to her refusing to use the mandated insurance i am providing. she waited till i was back in Iraq to file this suit, can my Fiance who has my POA represent me in the court due to my not being able to go home?

Asked on 2/27/07, 10:01 am

1 Answer from Attorneys

Michael Brandabur Brandabur Law, LLC

Re: Small Claims court

You can have the case stayed, as well as require the Court to appoint a lawyer to represent you in your absence if you are in Iraq as a member of the Armed Forces. This is a right you have under the Service Members Relief Act. I'm a AF Reserve JAG and have handled a number of these cases. There is a judge's "bench book" put together by the ABA (American Bar Association). Have your local JAG in Iraq get it and for you, then send it to the Judge in your case, citing the provision I mentioned above. Having recently returned from Iraq, I understand the logistics of what I've said, but it can be done. Good luck.

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Answered on 2/27/07, 9:51 pm

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