Can power of attorney file a small claims lawsuit for principal?

[curiousv]

What is the name of your state (only U.S. law)? WA

I understand you need a license to represent someone in court. But I am not sure about small claims courts where usually attorneys are not allowed to represent you.
My relative who has given power of durable attorney for both finance and health wants to see a credit union because credit union is in violation of regulation CC in which they held her funds for 3 weeks and she could not access her account or withdraw funds. As per my understanding violation expedited funds available action (regulation cc) plaintiff can ask for up to 1000$ +actual damages as well as attorney fees.

But she can't afford attorneys fees and I have done small claims work for myself so I am familiar on what to do.

But can I represent this relative who is senior citizen and physically not well and neither good with English ...

If your answer is no ...can I help her filing a claim and be with her in the court to translate?

 

[latigo]

What is the name of your state (only U.S. law)? WA

I understand you need a license to represent someone in court. But I am not sure about small claims courts where usually attorneys are not allowed to represent you.
My relative who has given power of durable attorney for both finance and health wants to see a credit union because credit union is in violation of regulation CC in which they held her funds for 3 weeks and she could not access her account or withdraw funds. As per my understanding violation expedited funds available action (regulation cc) plaintiff can ask for up to 1000$ +actual damages as well as attorney fees.

But she can't afford attorneys fees and I have done small claims work for myself so I am familiar on what to do.

But can I represent this relative who is senior citizen and physically not well and neither good with English ...

If your answer is no ...can I help her filing a claim and be with her in the court to translate?

You know very well that you cannot advocate on behalf of your relative in a court of law, small or big.

If her fluency in the English language is so poor that that she will require and interpreter, there are those in that profession whose names and rates are available through the clerks of the courts.

No one but the judge can tell you its okay to sit next to her in the courtroom and function as her representative under the guise as a "translator".

 

[curiousv]

You know very well that you cannot advocate on behalf of your relative in a court of law, small or big.

If her fluency in the English language is so poor that that she will require and interpreter, there are those in that profession whose names and rates are available through the clerks of the courts.

No one but the judge can tell you its okay to sit next to her in the courtroom and function as her representative under the guise as a "translator".

Quite surprisingly clerk said I can file claim on her behalf online on county website but you are right interpreter needs to be court interpreter and court will provide one.
I can file for her and can be with her at mediation hearing as well as trial but she needs to be physically present during both.

 

[adjusterjack]

You know very well that you cannot advocate on behalf of your relative in a court of law, small or big.

True.

RCW 12.40.080 Hearing.
(1) No attorney-at-law, legal paraprofessional, nor any person other than the plaintiff and defendant, shall appear or participate with the prosecution or defense of litigation in the small claims department without the consent of the judicial officer hearing the case.

http://app.leg.wa.gov/RCW/default.aspx?cite=12.40.080

 

[adjusterjack]

Quite surprisingly clerk said I can file claim on her behalf online on county website but you are right interpreter needs to be court interpreter and court will provide one.
I can file for her and can be with her at mediation hearing as well as trial but she needs to be physically present during both.

Yes, you can file and you can be with her but you cannot speak for her. She will need to speak for herself.

 

[curiousv]

True.



http://app.leg.wa.gov/RCW/default.aspx?cite=12.40.080

You said.... No attorney-at-law, legal paraprofessional, nor any person other than the plaintiff and defendant, shall appear or participate with the prosecution or defense of litigation in the small claims department without the consent of the judicial officer hearing the case.


So I can ask permission from Judicial officer/judge in advance ...thanks for pointing out a way...now I recall in my friends claim vs a big corporation ...an attorney was allowed to represent that big corporation.