Small claims court? can a husband represent his wife?

[victorio83]

Initially his wife is singly being sued (long story), but they are both on the lease (so technically they both owe money). Can her husband come to court in her place? He is planning on doing so. Is there a chance it'll be a default judgement in our favor? Or just dismissed? Or will it have to be rescheduled? Any ideas anyone?

This is New Jersey by the way.

[osmont]

Her husband can only represent her if he's an attorney admitted to practice law in NJ, or admitted in another state and allowed in NJ pro hac vice.

However, since he is a co-tenant, his wife can file a motion with the court to name him as a co-defendant. Then, as "a real party in interest to this action", he can come to defend himself, which would practically mean, both of them.

[achimelech51]

The named person in the suit must appear - no proxy allowed not even with a power of attorney. A no show may result in a default judgment unless there is a good reason, then it will be rescheduled.