Legal Question in Civil Litigation in California
Someone owes my husband money after he tried to invest in a friends company. The company went downhill but there was a verbal agreement that he would pay it back. He hasn't attempted to. My husband doesn't want to deal with it. But it's 5,000 and that's not pocket change to us. Am I able to take him to small claims if it was my husband that gave him the money?
1 Answer from Attorneys
I doubt it. Small claims judges don't like people representing other people. Normally, only an attorney may represent others. Attorneys are not allowed to appear in a small claims trial, only on an appeal from a small claims case.
There is a rule that spouses may represent each other in small claims court if they have a joint interest in the claim or defense, and the represented spouse has given his or her consent. But you state that the money is owed to your husband, which creates the assumption that the money was your husband's separate property.
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