Tuesday, July 22, 2014

My wife and I (tenant and co-tenant) were sued for non payment of rents. She has to go to work on the day for hearing. Can I appear alone? W...

Question

My wife and I (tenant and co-tenant) were sued for non payment of rents. She has to go to work on the day for hearing. Can I appear alone? What is the negative consequence of appearing alone? As long as I appear, she would not get a default judgment, would she?



Answer

If this is Small Claims, you can appear for your wife. If not, your wife also needs to appear or risk being in default. You cannot appear for her in superior court. Contact the court and the other attorney and see if you can continue the hearing for another day. Otherwise, your wife is going to have to appear.



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