Are there any special rules for parties under the age of 18 in small claims court?
Yes, in Virginia, there are special rules for parties under the age of 18 in small claims court. For starters, a minor is not allowed to file a claim in small claims court, nor can they act as an attorney for another person or entity. However, a minor may represent themselves as a defendant in a small claims court action. They must be supported by an adult and will be represented by the adult. Virginia also requires that a minor involved in an action in small claims court must first have the consent of a parent or guardian before proceeding. In some cases, the parent or guardian must appear in court with the minor. Additionally, if a minor is involved in a small claims court action, a judge is required to appoint a guardian ad litem who will represent the interests of the minor in court. This individual is to be a person of good character and is usually a family member, a neighbor, or someone designated by the court. The guardian ad litem’s role is to be a stand-in for the minor and ensure that any settlement or resolution of the claim is in the minor’s best interest. In some cases, a minor may also be involved in a small claims court action if they are an heir or beneficiary of an estate. In such cases, the parent will be allowed to represent the minor’s interests in court. Overall, there are special rules for parties under the age of 18 in small claims court that must be followed in order to ensure that the minor’s rights are protected.
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