Legal Question in Credit and Debt Law in Michigan

court appearance via telephone

I am practicing to become a policy advocate. My question pertains to the legality of the courts using plaintifff's via telephone conferences as legitimate means to the courts. The defendent is required to show up physically at risk of defaulting. However, the plaintiff is not required to physically appear. It states clearly that if an individual (plaintiff) is not present they may dismiss the case. I understand ''may'' is the crutial word. I obtained a written and notarized document that I may appear on the defendents behalf, and was not allowed to do such in the conference. Hence, received a default judgement in favor of Capitol One Services. Any Suggestions for rebuttal? Thank You


Asked on 8/08/05, 10:57 am

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: court appearance via telephone

I am not sure what practicing to become a policy advocate means. However, I am sure that if you are not licensed to practice law in the state of Michigan, you may not appear on behalf of a party to a lawsuit. That constitutes practicing law without a license and it is a crime. A document signed and notarized by the defendant does not change this. If an attorney requests that the court allow him or her to appear by telephone, the court has the discretion to grant or deny this request. If one party is allowed to appear by telephone, the other party is also given the same opportunity to appear by telephone.

You should do nothing about the default if you are not a licensed attorney. The defendant, on the other hand, acting on his or her own behalf (in pro per), can file a motion to set the default aside, or, better yet, hire an attorney.

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Answered on 8/08/05, 11:16 am


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