Advice Needed: Rules of Small Claims Court

Greetings. This is my first post.

My 78-year-old mother loaned my ex-wife approximately $3,000. My ex-wife agreed to a repayment schedule, which she sent on more than one occassion in an e-mail. However, she has not lived up the agreement, and to date has not paid back anything.

She is telling my mother that she won't pay because I owe her money (it's not true, but that's a different drama ...).

I've suggested to my mother that she present this case in small claims court (Colorado limit is $7,500). I've drafted a demand letter that should probably preceed the filing and we've yet to send.

My question is this: Again, my mother is 78-years-old. She is Jicarilla Apache, and quite frankly, will be intimidated standing in front of a judge in a courtroom in Denver. I think the facts of the case are rather "open and shut," so I'm not sure she need to incur the expense of hiring an attorney. Would I be allowed to stand with her in court and help her present her statements and any responses?

I've researched the topic on line, but have not found a definitive answer. Any help would be greatly appreciated.
LTB

I would have your mother sign a power of attorney designating YOU to speak in her stead. Make it clear to her that this does not give you any other authority aside from this one transaction. Write up the power of attorney and specific for this one transaction only and have it signed and notarized. Have your mother appear in court as a witness--no attorney necessary.

Good luck.

GentleGrace,
Thanks so much for the response. By having my mother sign the power of attorney (which she would gladly do), does this now make me the plaintiff? It would certainly change the filing procedure, and how could I claim to be a plaintiff if I'm not the wronged party?

Thanks again.

Good question.

You do not become the plaintiff. She is still the plaintiff. In the eyes of the law, with a signed and notarized specific power of attorney, YOU become HER. She is still the plaintiff, but you are authorized to BE her in the eyes of the law, not unlike the personal representative of someones estate. When my late husband passed, I was the PR of his estate. This means the legal issues being considered were STILL in his name but in the eyes of the law, I WAS him.

Maybe this information will help:

The Oxford dictionary defines a Power of Attorney as "the authority to act for another person in specified legal or financial matters". Simply speaking, a Power of Attorney establishes a fiduciary relationship between two individuals – the principal and named representative [attorney-in-fact].

There are, broadly speaking, two types of Powers of Attorney. A general Power of Attorney is unlimited in scope and authorizes the attorney-in-fact to handle all of the principal's affairs. A specific Power of Attorney only allows the attorney-in-fact to conduct specific business affairs for the principal by imposing restrictions on him or her; it may even confine the scope of that person's powers to a single transaction. For example, the attorney-in-fact could be granted the power to engage in financial transactions from a specific bank account or to sign the closing documents for a particular real estate transaction.



The Power of Attorney is therefore tailored to meet the requirements of a particular transaction or transactions and details the expiration date and full extent of power. Most people prefer a specific Power of Attorney because with this form, the principal can authorize someone to manage his or her finances or property, and yet be secure in the knowledge that his or her assets are protected.



A specific Power of Attorney usually reads: "By this document it is hereby acknowledged, that I, [name of person granting power of attorney] of [city, state], the undersigned, do hereby grant a limited and specific power of attorney to [name of person granted power of attorney] of [city, state] as my attorney-in-fact. The said attorney-in-fact shall have authority and the power to undertake and perform only the following acts on my behalf:[list specific acts the attorney-in-fact is authorized to perform]…"



Unless revoked, a specific Power of Attorney ends at a stipulated date unless if the principal becomes incapacitated or passes away.

GentleGrace,
I want to thank you for the information. You're the best!

Have a wonderful evening.
LTB

Glad I could help.

Let me know how it turns out for you.

A full explanation of the different types of powers of attorney can be found here: Power of Attorney Lawyers.

You may want to find out from the local small claims court if this is even possible. You reason for standing in for your mother (intimidated by the judge) may not fly in most jurisdictions.

Good Luck!!

On a personal note, I have used Power of Attorney in the past and have never had my reason given be subject to scrutiny.

In some of these instances, they were used merely for convenience---I moved from an area and didn't want to travel back for a small claims case.

Also, I think it is reasonable to assume that a woman of her advanced age would have someone such as a son speak for her in her stead, which is why I suggested that she BE there in person so the judge would be able to question her, etc.

I don't think it is a good idea for the son to represent the mother without the mother there because then it deterioriates into a disagreement between former spouses. But a woman of her advanced age having her son speak for her with her standing there beside him to give testimony is not, I believe, unreasonable.