Q: Can a Judge prevent an indiv. with POA from exercising their right in a civil court case, by postponing the case?
I travel b/c of my job I gave my daughter POA to act in my best interest when away. While away a service company did work in my home & damage my hardwood floors. When I rtned for R&R I contacted the business to inform them. They refuse to do repairs b/c I contacted them months after the work was done. I explained I was deployed & contacted them as soon as I saw my floors. The owner stated he was not going to make repairs. I went to the Manassas Dist Court and file a claim for damages. My new home is less than 18 months old, I lived there 6 months before deploying. While away no one lived in my home. The case was schedule for Nov 9, 2017. My daughter brought the necessary documents including the POA. The Judge was informed I was deployed, & shown the POA. The Judge said I or an Attorney would hv to appear & disregarded my daughter right to act on my behalf, the other side didn't appear. By def I should hv won instead she rescheduled the case. Can she do this, if so Why?
A: The Judge took the correct course of action. You daughter cannot appear for you in a court of law unless she is a licensed attorney with the Virginia State Bar. The Power of Attorney gives your daughter the right to handle many actions for you in your place, but appearing in court as your representative is not one. If the other party did not appear on the first court date, there is a good chance that the other party will not appear on the date to which the case was continue. You or an attorney should appear in court on the next court date. You may want to consult with an attorney who is near the courthouse. My law office is in Alexandra, VA.
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