Can I represent my wife in court over a credit card debt?

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Can I represent my wife in court over a credit card debt?

I was advised by a judge in another county that I could represent my wife if she appointed me as her “special representative”, not legal representative, for the matter. The judge today said he had never heard of such a thing, and adjourned the case until January. My wife has stated quite firmly, she will not go to court. Is there any precedent allowing one spouse to represent the other?

Asked on December 8, 2011 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In a court room in every state in this country, only a licensed attorney can represent a party unless the person in court is representing himself or herself typically known as self representation.

In your situation, unless you are a licensed attorney in the state where the action against your wife is pending, you cannot represent your wife. She either has to appear on her own to represent herself in court, or she hires a licensed attorney to represent her.


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