LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mrs. Delgado   05 December 2017

Filing a civil suit with power of attorney forms

I am curious to find out if I am able to file a civil suit for my husband being that I have power of attorney for him? He is currently incarcerated, we are trying to get our leased car back from his daughters mother who is hiding the car and not making payments. How would I go about filing suit if I can and where?



Learning

 9 Replies

N.K.Assumi (Advocate)     05 December 2017

If the car is not a stolen car, just because he is Incarcerated does not mean that he is not a human being. if he can sign and write he can file a civil suit to protect his car. He may be incarcerated but you belong to him likewise his car belongs to him.A prisoner does not cease to be human being and law protects his personal rights even inside prison cell. Yes either he or you with POA can file civil suit..  

Mrs. Delgado   05 December 2017

Thank you for your timely response. Would you be able to guide me in the direction of being able to file this suit?

Mrs. Delgado   05 December 2017

Btw, the car isn't stolen, the car is solely in his name. The contract is between him and Capitol Toyota, they just don't have anything in writing or small print to back that up. They were able to send me a statement of the missed payments and late fees

N.K.Assumi (Advocate)     05 December 2017

Not a big deal. contact a lawyer to set things in order. It's not possible to guide you through completely in this forum, and your lawyer physical presence is required in the process. All the best.

P. Venu (Advocate)     05 December 2017

Yes, you can get the POA and file a case on his behalf. However, the facts posted suggests deeper issues.

G.L.N. Prasad (Retired employee.)     05 December 2017

As a queriest,  you can only get basic guidance on possibility of such filing case, ultimately it is the advocate whom you trust has to deal with the case as per laid down law.  Now that you  have got guidance of such maintainabiliity, go to next step and ensure limitation period, formality of issuing  formal notice etc., as immediately as possible.

Mrs. Delgado   06 December 2017

I am currently in the process of filing a civil suit in order to get the car and his personal items. My husband spent more than $3000.00 on his studio equipment but didn't expect that he should have to keep his receipts at the time. I have taught him a valuable lesson of what it is to keep all receipts for at least 6 months, you never know when you will need those. I have been told to have him make a list of what he remembers being in the studio and for me to look the items up on line to get an actual price so that I will know the dollar amount to sue for. I am not trying to take advantage of this woman, I have been playing fair since the very beginning and I do so long after court. Thank you all for your answers.

Mrs. Delgado   06 December 2017

Being that I have the poa for my husband, when filing the suit am I to put my name as plaintiff since he isn't able to go to court? This has me a bit confused.

N.K.Assumi (Advocate)     06 December 2017

As a donee {Attorney} only you are representing him and not you who is filing suit. His name should be there as the plaintiff and you as donee has to sign for the principal the Donor as per POA. Better engage a counsel.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading