Legal Question in Civil Litigation in New Jersey
As a power of attorney on a mortgage account loan,I want to file an Order To Show Cause With temporary Restraints in N.J. and would be filing the complaint solely by myself,Would I be the only one held responsible for the complaint even though it is my sister's mortgage,but I want to not have her involved in my complaint and if the complaint might get dismissed with prejudice,I would only want myself to be responsible for the defendants attorney fees if it is so motioned by them,Can I leave my sister out of the complaint and is she immune from being assessed attorney fees from the defendants ?
2 Answers from Attorneys
If I understand you correctly, you have a power of attorney given by your sister and wish to file a suit on a claim that she has. You ask whether you can sue in your name alone. The answer is no. It is possible that the power gives you the ability to sue in your sister's name but you cannot sue for her or represent her in court unless you are admitted to the bar as an attorney at law. If you have a related claim, you may be able to sue in your own name but that would not resolve any claims that your sister might have.
Succeeding on an order to show cause is not like filing a case in small claims court. If you have a claim that warrants such a suit, you should engage a lawyer to help you.
See also: http://info.corbettlaw.net/lawguru.htm
I am not sure what you are trying to do. Why don't you call my office, pick a time that is good for you, and come in to see me. I am located near you, in Hackensack. The first consultation will be free of charge. I will listen and then tell you what I think may assist you.
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