I read on a website for landlord / tenant laws in california that if you sue your landlord in "small claims" court you must be sure to present your case well because lawyers are not allowed to present your case for you. Is this the same for an unlawful detainer suit, which is considered to be a "civil" case?
2007-12-27 17:21:22 · 6 answers · asked by MISSVIRGO79 1 in Politics & Government ➔ Law & Ethics
I ask because I am going to court in 2 weeks for an eviction I feel is retaliation for me demanding repairs in my home. I have taken several pictures and have a very organized, detailed, and justified defense. A MONTH after serving the landlord with my answer to the suit that was filed I was contacted by a lawyer for the landlord saying he was asking for the trial to be contiued due to the unavailability of council. It further stated I needed to contact them within 6 days regarding this matter. Is this common or should I contact the court to discuss this?
2007-12-27 17:27:54 · update #1
If you are suing someone in small claims court you cannot have an attorney, unless you are a corporation. If you are being sued, you can have an attorney, because you did not choose the venue.
2007-12-27 17:26:43 · answer #1 · answered by Songbyrd JPA ✡ 7 · 0⤊ 0⤋
Depends on the state constitution.
In California you must present certain cases yourself. An attorney can not do it for you.
Next door in Oregon, the states constitution says everyone has the right to counsel and representation by counsel, so anyone can have an attorney present their case in any court, even small claims.
2007-12-27 17:30:21 · answer #2 · answered by Ranger 7 · 0⤊ 0⤋
I'm a paralegal and I don't know specifically about California, but in general an attorney is not needed in civil court, but if you feel like you need one to present your case properly for you then you can get one, they are allowed. I have never heard of anywhere that you can not have an attorney represent you in a legal matter. Good Luck!
2007-12-27 17:26:56 · answer #3 · answered by begood1977 4 · 0⤊ 0⤋
I can't answer your question as you specifically stated it, but why would you sue in small claims when a civil court is easiest and most favorable to you as a tenant? ESPECIALLY in CA? But yes; a lawyer in most all of these cases is a distinct advantage, even if he sleeps thru the proceedings. Remember: the courts exist 'more' to perpetuate 'lawyering' than they do to seek justice. Welcome to Amerrikka! :)
2007-12-27 17:30:52 · answer #4 · answered by jbloor@att.net 5 · 0⤊ 0⤋
An "unlawful detainer" suit is brought against a tenant by a landlord, not by the tenant against the landlord.
2007-12-27 17:30:35 · answer #5 · answered by Baby Poots 6 · 0⤊ 0⤋
yes and yes they can be in the court room but you must do the presentation yourself.
2007-12-27 17:24:22 · answer #6 · answered by John M 6 · 0⤊ 0⤋