Legal Question in Civil Litigation in California

A friend loaned my exboyfriend over $1000 (but less than $5K). He signed a promissory note to repay in January 2010. He is in California, she is in MN. I am also in CA. Can I file in small claims court on her behalf? Can I go court for her? She is unable to travel here.


Asked on 4/07/10, 2:58 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Unless you have a license to practice law in California, you can't file anything on her behalf. She can hire a lawyer in CA, or maybe she can sue in MN. She should first ask a lawyer in her locality.

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Answered on 4/12/10, 3:03 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Stone. And even if you *are* a lawyer, you cannot appear in court for your friend since indicidual litigants may not have lawyers to small claims court. You can physically file documents that she signs, but that's the limit of what you can do for her.

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Answered on 4/12/10, 3:18 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

As noted by Messers Stone and Hoffman, you can't "go to court" for your friend because you are not a lawyer and, in any event, individuals generally cannot be represented by attorney's in Small Claims Court. The only way that I can see to accoumplish what you want is for you to acquire the debt from your friend. You could then sue in your own name. You would, of course, have to agree on terms and then document your agreement and that you are the true owner.

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Answered on 4/12/10, 3:26 pm

Mr. Reich offers a very creative solution, but only get's you half way there. Let me close the loop for you. A promissory note is a negotiable instrument. If it is a true promissory note in proper form, then it is, in many ways, like a check. The main differences being, it is not payable on demand and it is drawn on the personal assets of the maker, instead of the maker's assets on deposit with a bank, neither of which really affect this situation. Where they are the same is that in both cases the original document can be endorsed "pay to the order of [your name]," signed by the original payee, and the original delivered to you, resulting in the right to collect the money being transferred to you. You then are the holder of the note in due course and have all the rights in small claims court that an original payee would have.

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Answered on 4/13/10, 10:36 am


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