Are there any special rules for parties under the age of 18 in small claims court?

In New York, individuals under the age of 18 are considered to be minors and may have special rules in Small Claims Court. First, a parent or legal guardian over the age of 18 must accompany the minor to court. Additionally, a minor may not bring a claim or serve as a witness in Small Claims court without the permission of the court. If a minor is bringing a claim to court, the court may appoint a guardian to represent the minor’s interests. If the minor is appearing as a witness, the court may appoint an attorney to represent them. The court may also order a substitute guardian for a minor if they believe it is in the child’s best interest. If the court rules that a guardian is necessary, the guardian must be approved by the court prior to the hearing. Additionally, if the court rules that a guardian is necessary, the party representing the minor must disclose all fees and costs prior to the hearing. In any case, it is important to have detailed information regarding a minor’s legal rights and obligations prior to entering Small Claims Court. Furthermore, it is essential to have the representation of an experienced attorney to ensure that the minor’s legal rights are protected.

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