Can i take someone to small claims court on behalf of a family member?

AlexJ88

Basically mother hired someone from rated people to install a banister but ended up being extremely poor, contacted the carpenter to come back but was met with threats of violence, police have gotten involved and not looking to take them to court, thing is that it was my mother that listed the job on ratedpeople, but she hasnt the time to take the carpenter to small claims as shes a foster carer, as her son am i able to take them to small claims court on her behalf?

keithdc

AlexJ88 wrote: »

Basically mother hired someone from rated people to install a banister but ended up being extremely poor, contacted the carpenter to come back but was met with threats of violence, police have gotten involved and not looking to take them to court, thing is that it was my mother that listed the job on ratedpeople, but she hasnt the time to take the carpenter to small claims as shes a foster carer, as her son am i able to take them to small claims court on her behalf?

No- but you could do all the paperwork and get her to sign when needed.
She would need to attend the court hearing (unless decision that no one attends).

The sort of person that threatens violence is unlikely to pay a court judgement.

waamo

No. You have no contract with the other party so have nothing to claim. You can, however, assist her as much as you both want. That includes speaking on her behalf in court. She must be present and able to answer questions herself though, if asked.

steampowered

Your mother could sign a "deed of assignment", under which she sells her right to bring a claim to you for a nominal sum of £1.

You would then be able to sue the builder in your own name. Your 'particulars of claim' would need to clearly explain that your mother has assigned her claim to you.

This is perfectly common and fully recognised by the courts. It is not particularly difficult. You should be able to find example "Deeds of Assignment" online.

If the claim is to be left in your mother's name, she would have to sign all court documents. In small claims track hearings (i.e. claims less than £10k), you are allowed to represent other people even as a non-lawyer, but the litigant (i.e. your mum) must be physically present in the court room.

It may actually be quite easy. If this carpenter is the kind of person that throws threats around, he will probably fail to file a 'Defence' in time, meaning that your mother would get a 'default judgment' without needing to attend a court hearing. You could then send the judgment straight to bailiffs and get it enforced that way.

sheramber

That depends on whether the carpenter has any goods to enforce it against