Ok for my wife to answer & appear on my behalf in lawsuit ?

[OHBOY]

Ok.... in order to stall any possible judgement for a while (until I file for bk) I have done research and gathered possible answers to a lawsuit that was filed against me for a credit card debt, but now comes the 'clincher'...

I have been around plenty long enough to know myself and to realize that I would not do very well when it comes down to the 'brass wire' and in the event that I have to appear in a court setting, (which appears to be almost garanteed & part of a lawsuit process)....
I simply get 'tongue tied' & 'freeze up' (already I am a 'nervous wreck' at the prospect)

Of course, being in a financial bind, I am not in a position to hire an attorney...

HERE IS WHAT I AM WONDERING:
My wife has a much better demeanor & does not 'fall apart' in such settings as a court proceeding.
Since she (and I) have an active/notarized 'General Durable Power Of Attorney' which states that she can be my '....true and lawful attorney in fact for me and in my name....' is it alright for her to file an answer (AND SIGN IT ON MY BEHALF ), on a pro se basis, ( again... IN MY BEHALF), by attaching the Power of Attorney, and than .... at a later time (if called for) appear on my behalf in front of the court ??

Your input will be much appreciated !

[BrokeinMD]

Generally, a Power of Attorney gives the "assigned agent" rights to handle certain financial, real estate, and medical things when you are not available, i.e. out of the country, in surgery, etc. The durable part means it lasts even if you become mentally incompetant. However, I don't think the POA works for what you're asking above. Ask the Lawyer who made it for you. I only know about POA's because my father had one.

[dneil]

hmmm, I would probably send her in there and see what happens. If it isn't good enough the judge will have to delay. At least, that is what I am thinking.... and this will buy time for you.

But probably the better advice would be what BrokeinMD said. My thought was that if you sent her in and the POA wouldn't work, the judge would have to re-set a time for you to answer which would buy time.

(dneil shrugs) I am just throwing ideas out there. Eventually some of those super savvy smart people will come in here....

[OHBOY]

I appreciate everybodies input.

We had the POA's drawn up a couple years ago by one of those FL sites that handle legal forms, (not an attorney) and it was also notarized there.
One paragraph states (please note the portion I have highlighted in CAPITAL LETTERS): ...

"To ask, demand, sue for, collect, receive, and possess all such sums of money, debts, dues, bonds, notes, checks, drafts, accounts, deposits, legacies, bequests, devises, interests, dividends, stock certificates, certificates of deposit, annuities, pension and retirement benefits, insurance benefits and proceeds, documents of title, choses in action personal and real property, intangible and tangible property rights, and demands whatsoever, liquidated or unliquidated, as are now, or shall hereafter beome owned by, or due, owing, payable or belonging to me or in which I have or may aquire an interest, and to have, use and TO TAKE ALL LAWFUL WAYS AND MEANS AND LEGAL AND EQUITABLE REMEDIES, PROCEDURES, AND WRITS IN MY NAME FOR THE COLLECTION AND RECOVERY THEREOF, AND TO COMPROMISE, SETTLE AND AGREE FOR THE SAME, AND TO MAKE, EXECUTE AND DELIVER FOR ME AND IN MY NAME ALL ENDORSEMENTS, RELEASES, RECEIPTS OR OTHER SUFFICIENT DISCHARGES FOR THE SAME.
__________________________________________________ __________________________________________________ _____
I know my thoughts may sound strange to somebody, but .........

[Pandora]

Hmmm... well my understanding of a POA is that it grants authority to another to perform certain legal procedures (contract signing / medical decision), but it doesnt give one the power to act as an attorney in a court proceeding. I believe you will have to show up in court or hire an attorney to represent you.

Why dont you call the courts and see what they say? Better safe than sorry - stranger things have been known to happen when it comes to another "acting" as an attorney (i.e., jail time and severe fines).