Can I represent my daughter in small claims court?

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Can I represent my daughter in small claims court?

My 19 year old daughter is being taken to small claims court for a car accident. Can I represent her case in court or does she the defendent have to do it? We are counterclaiming he is at fault.

Asked on June 24, 2009 under Accident Law, Colorado

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  Your daughter is not a minor and therfore, you cannot represent her unless you are a lawyer.  While the laws of small claims court are relaxed, the rules still apply where someone wants to represent another person.  She may represent herself and you can go to court for moral support and/or act as a witness to try to tell the court what happened, but you cannot stand in her shoes.  I suggest referring this matter to your insurance company and they can deal with it.  you can file a separate action.


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