Legal Question in Landlord & Tenant Law in New Jersey

Power of attorney in small claims court

I am involved in a small claims case against my current landlord regarding the return of a security deposit for a recently-vacated apt in the same complex. However, the security deposit in question was not for an apt I had leased myself, so I am not the plaintiff in the case. However, all the payments in question came from my bank accts, and I have done all the prep work for the lawsuit. We are trying to get our current court date rescheduled since the plaintiff used his last vacation day of the year to attend a hearing that was suddenly adjourned by the judge after hours the evening before (at the request of the defense atty ... does not inspire confidence in the small claims system, but I digress). My question: if the plaintiff gets a power of atty for me, can I represent him in small claims court WITHOUT him present? There is no testimony involved; all the evidence is in the form of cleared checks, certified letters, and emails. It's a very clear cut case. Also, can we ''cancel'' the power of atty after the case is resolved?


Asked on 9/11/08, 6:36 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Power of attorney in small claims court

No. You can't even represent the plaintiff in court with him present unless you are licensed to practice law and admitted to the bar of the court. A person can represent themselves in Small Claims Court. Representing someeone else is the unauthorized practice of law. It is illegal and the court won't allow it.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 9/11/08, 10:05 pm


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