In New York, there are two circumstances where someone else can represent you in small claims court. You can hire an attorney, or if you're a parent or guardian suing on behalf of a minor.
Hiring an Attorney for Small Claims Court
The first circumstance is hiring an attorney to represent you. You don't need an attorney in small claims court and won't be at a disadvantage without one. The court is designed for individuals to appear "Pro Se," meaning on their own behalf.
Most people in New York who bring cases to small claims court do so without an attorney. However, hiring an attorney can be beneficial if you cannot present your case and evidence confidently.
Attorneys provide extra support and have a deep understanding of legal procedures. Even though small claims procedures are simplified, having an attorney's expertise can be helpful if you're nervous about navigating the system.
Representation for Minors
The second circumstance involves minors. Individuals under 18 are considered minors. Parents or legal guardians must represent minors in small claims court. This means that the parent or guardian files and represents the minor in court.
Language Barriers and Court Interpreters
If you don't speak English well and are worried about communicating with the judge and other parties, the court has a solution. Although this isn't a situation where someone else can represent you, the court provides an interpreter at no cost.
Inform the small claims clerk when you file your claim to access an interpreter.
This article is provided for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship and is not a substitute for seeking legal counsel based on the facts of your circumstance. No reader should act based on this article without seeking legal advice from a lawyer licensed in their state.