CanI appoint a someone with a Power of Attorney to to represent me in an out-of-state small claims case?
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CanI appoint a someone with a Power of Attorney to to represent me in an out-of-state small claims case?
I am from NYC and my car was damaged while parked on the street in NJ. I like to designate person with a POA to represent myself in small claims court. Do I need to get a POA in NY or do I need to get one from NJ where the small claim court case will take place?
Asked on December 22, 2010 under Bankruptcy Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
One state will honor another state's power of attorney. If you want to use NY's, try doing an internet search for "New York statutory short form power of attorney," and that should find you a fairly simple form you can fill out. Note that you and the agent (the one getting the power) both have to sign and have signatures notarized. Note also you want to careful limit or delineate exactly what power you're giving your agent.
However, easier than this: hire an attorney to represent you. It will cost you something, but many lawyers will handle a simple small claims case for $200 - $400...and if it's not worth bringing while paying that, it's probably not worth bringing. Representing people in court is what lawyers do
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