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my father is being sue for $4500. His court date is August…

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my father is being sue...
my father is being sue for $4500. His court date is August 4 2010 he leaves the country June 29 2010 and returns back september 1 2010. can i ask for a postponement for a later day. and also i have a durable general power of attorney can i represent him that day
Submitted: 8 years ago.Category: Legal
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6/24/2010
Lawyer: D. WINOGO ESQ., Attorney replied 8 years ago
D. WINOGO ESQ.
D. WINOGO ESQ., Attorney
Category: Legal
Satisfied Customers: 4,714
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No, you cannot represent him in court even with power of attorney. However, you may submit a letter on his behalf, have him sign it as well, and send it to the court, requesting an adjournment of the proceeding for one month based upon your father's leaving the country. Make sure you copy the plaintiff on that letter as well.
D. WINOGO ESQ.
D. WINOGO ESQ., Attorney
Category: Legal
Satisfied Customers: 4,714
Experience: 10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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Customer reply replied 8 years ago

so i should go on court date . the letter i should submit is it a regular letter that is notarized. is this a legal letter

Lawyer: D. WINOGO ESQ., Attorney replied 8 years ago
No, you should not appear in court. You should first contact the plaintiff and ask if he/she would agree to an adjournment. If yes, then write a simple letter to the court advising the court that both sides have agreed to an adjournment of one month since your father is going to be out of the country. If the other side objects, then write a letter to the court anyway, asking for a one month adjournment due to your father's circumstances. It does not need to be notarized at all. However, you should have it addressed from your father and have him sign.
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Customer reply replied 8 years ago

i sent the letter to the bronx county courthouse and wait for a reply.

Lawyer: D. WINOGO ESQ., Attorney replied 8 years ago

Civil Bronx is a mess. Make sure you follow up and call the clerk every 2 weeks to make sure they received the letter and that they respond appropriately.

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