Can a Wife Represent Her Husband in Court?
Full Question:
Answer:
A complaint and summons filed in California limited civil court can be answered by filing an Answer form or General Denial form. It is important to file a proper response and/or motion after receiving a summons to avoid having a default judgment entered on your records. The answer or general denial is filed in the court where the summons was issued, with a certificate of service attached, showing that a copy was served on the other parties.
A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. Since, under rules of procedure, allegations not specifically denied are deemed admitted, failure to file a responsive pleading will generally result in the entry of a default judgment against the defendant. When a complaint is filed and the defendant fails to file an answer within the applicable time period, a default judgment may be entered against the defendant.
An answer is a legally sufficient response to the allegations that have been alleged against you in the complaint. The answer will generally either admit or deny each claim made by paragraph, or state an inability to admit or deny for lack of knowledge. Defenses may also be raised. A counterclaim or cross claim may also be asserted. An attorney is not necessary in order to file an answer to a summons, it may be filed pro se by the answering party.
The answer will depend on whether the husband was individually named in the summons and whether he has filed an answer. If he was named individually and did not file an answer, it is possible that a default judgment may be entered if he doesn't appear. A wife cannot reppresent her husband in a legal matter unless she is an attorney. If the Defendant fails to appear for the first trial setting, the Plaintiff may request the Court to enter a default judgment against the Defendant for the amount stated in the claim.
In order for the Court to enter a default judgment, the Plaintiff (or Defendant on a counterclaim) must show the following:
-That there is a reasonable probability that the Defendant received the Notice of Claim;
-That the Plaintiff has no information that the Defendant has any legal, physical, or mental disability that would prevent the Defendant from attending and understanding the trial;
-That the Plaintiff has no information that the Defendant is on active duty in the military; and
-That the Plaintiff is entitled to the judgment requested.
