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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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Wife being sued in civil court card debt. Filed

Customer Question

Wife being sued in civil court for credit card debt. Filed answer to complaint "pro se" with her signing the Answer. Believe the case will be dismissed however, the court docket states a pretrial hearing is to be scheduled. Wife would not be able to speak to the facts in a court room setting due to medical condition(s). Would I be able to speak for her, not testify but present the facts to the court. I am not party to the suit or the debt. Reside in Ohio
THANK YOU
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
Unfortunately that is not allowed per OH code 4705.07(a)(2) as only licensed attorneys can represent a person either orally or in writing - and speaking on behalf of a person in a court of law is considered the unauthorized practice of law.
The courts that do allow this are non-US courts, but the basis for allowing it is because they realize that some people are unable to effectively communicate in a court room (this is called a McKenzie friend or lay advocate, but is not permitted in the US).
code here: http://codes.ohio.gov/orc/4705.07
analysis here: http://www2.nycbar.org/pdf/report/uploads/20072450-RolesforNonlawyerPractitioners.pdf
It is possible to ask the clerk if a telephonic appearance can be scheduled. Alternatively, they may be able to accommodate the condition (proof of medical condition by a licensed doctor may be required) by holding the hearing either in chambers, or in the settlement conference room (a more informal setting).
Expert:  LegalGems replied 1 year ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
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