One parent of defendant minor unable to be present

Previous | Next
 rated by 0 users
Latest post 04-11-2012 11:24 PM by Taxagent. 22 replies.
  • 04-11-2012 2:21 PM In reply to

    Re: One parent of defendant minor unable to be present

    All dad has to do is show his employer the court subpoena; I  believe they have to let him off if ordered to attend by a court.

  • 04-11-2012 2:59 PM In reply to

    Re: One parent of defendant minor unable to be present

    furelite:
    Kath wrote:  "Bet he could get the time off if it was for HIS pleasure; people take vacation days, sick days, etc."  So Kath, you are telling me that isn't judgment?

     

    Unfortunately, we hear that alot - parents who can't bother with their children, citing the job, but then manage to get off when they choose. Judges hear that a lot, too.  Though you may interpret it as judgmental, it is a warning so that dad doesn't fall into that trap...best to see it as such, rather than get defensive.

    furelite:
    It is responses like yours that make people like me not want to come to any forums seeking advice.  And  FYI, no, he can't take off vacation or anything for at least 6 months.

     

    Again,  that info that he is a NEW employee was NOT mentioned until questioned (then the responses called judgmental because the info was not available!); most prefer to take a vacation day rather than tell employers about embarassing court cases.  However, he must go unless the court offers exceptions...and his employer is obligated to let him.  It's not optional unless the court says it is.

    Sorry you've taken offense, but this knowledge should help you whether you realize yet or not.  Personally, I'd give the creep $25 rather than risk a judgment on my record over this.  We can't really say what the evidence is, but if there is ANY damage at all, he is likely to win, but for probably very little.

    This is the reason many lawyers advise people to settle out of court if they can, esp over so little.  But when you make it personal.....everyone wants to be "right".  Frankly, if these people are just as off their rocker over nothing as you indicate, why get down in the mud with them?  If they have mental issues, give them a few go-away bucks.  I wouldn't go down to their level, not worth it.

    Good luck.

  • 04-11-2012 3:02 PM In reply to

    Re: One parent of defendant minor unable to be present

    And though friends say she was not involved, often the court will find against anyone there, whether they had the egg in their hand or not.

    If one is among murderers when they murder, courts can and do find them also resposnible even if they did not actually shoot the gun or hold the knife.  Same with lesser crimes.

  • 04-11-2012 4:03 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,602

    Re: One parent of defendant minor unable to be present

    furelite:
    However, I would love to face the people in court and win, as they have "lawyered up" on a claim such as this. 

    If they have an attorney, maybe you should consider at least consulting with a local attorney that is familiar with the "lay of the land".  I believe that this was your first mention that these folks have an attorney.  Think about it. 

    What exactly do you mean by lawyered up?

     

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 04-11-2012 4:15 PM In reply to

    • furelite
      Consumer
    • Not Ranked
    • Joined on 04-11-2012
    • TX
    • Posts 5

    Re: One parent of defendant minor unable to be present

    The plaintiff works in a law firm as a clerk. She has had one of the lawyers working on their case and file their petition for her.  I am not sure, but I believe this lawyer may actually represent them in court.  I really don't want to hire a lawyer for this $125 claim.  I have asked a few friends who are lawyers for their advice, but they don't really know the ins and outs of small claims and most are too busy to mess with doing a lot of investigation based on the nature and size of this claim.  However, the petition also lists attorneys fees for the amount they are seeking payment.  I am just not sure how much they could possible go after and possibly be awarded if they are seeking attorney's fees.  Could and would a judge award more than the claim amount itself if for whatever reason they sided with the plaintiff?

  • 04-11-2012 4:38 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,602

    Re: One parent of defendant minor unable to be present

    furelite:
    However, the petition also lists attorneys fees for the amount they are seeking payment.  I am just not sure how much they could possible go after and possibly be awarded if they are seeking attorney's fees.  Could and would a judge award more than the claim amount itself if for whatever reason they sided with the plaintiff?

    For the amount involved I don't think that I would engage an attorney, but if the possibility of having to pay attorney's fees is on the table you need to investigate.  I know that attorneys are allowed in SC, but whther or not you could be held responsible for their fees if you were to lose.  Contact a local attorney and find out for sure.  Somehow that really sounds unlikely since SC is so informal.  Have you contacted the SC court and asked them?  They might be able to provide that info.

    One thing that might work in your favor is that I believe that the plantiff is going to have to produce evidence of their expenses.  If she's not paying anything for assistance from her office, she might find herself having to lie about paying legal fees for the case.

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 04-11-2012 11:17 PM In reply to

    • LG81
      Consumer
    • Top 25 Contributor
    • Joined on 01-03-2010
    • Posts 4,338

    Re: One parent of defendant minor unable to be present

    furelite:
    . I am simply trying to figure out a way not to lose by default on a frivolous small claim made against my daughter and 3 other girls for the amount of $250 total. 

    I'm curious about this.  Is he suing all four girls or only two of them?  Why is he suing your daughter, you, and your husband for half of the alleged damage instead of $62.50?  Or is he suing all four girls and their parents at one time?

    For clarification, there is no such thing as guilty or not guilty in Small Claims Court.  A defendant is judged liable or not.  Criminal courts are where a person is found guilty or not guilty (or takes a guilty plea). 

    That aside, I encourage you to check on what you can and weigh the options.  It is a possibility that the court could enter a default judgement if all named parties do not show.  All of you could show, and then the court will determine whether or not a liability exists based on the evidence presented.  It may or may not be desirable to offer a settlement before court.  If your husband is four hours away, the amount asked for is just a tad more than the gas and wear-and-tear on the vehicle alone (that doesn't take into account wages missed and any problems it could cause for him on the job).  There are some downsides to settling, so it is really important to weigh all options.

  • 04-11-2012 11:24 PM In reply to

    Re: One parent of defendant minor unable to be present

    furelite:
    I am hoping I can get him excused somehow.

    The problem is that you cannot speak for him in court unless you are his attorney. It's small claims court so the judge might overlook that, but technically trying to represent him (by getting him excused) amounts to the practice of law, and you need a license to practice law to do that.

Page 2 of 2 (23 items) < Previous 1 2 | RSS

My Community

Community Membership New Users: Search Community