QUESTION: Dear Legal Wiz,
In late Summer I visited the Resident Magistrate court downtown, in Jamaica, and I met a young man as I was going in who offered to put my papers in for me. I gave him $15,000 to write a notice, do some paperwork and serve it. I am back in England and my brother who went to the property tells me that no notice or summons was served. He also told me that he went to the court and saw the young man who showed him papers that a summons was served on the tenant I am trying to get out of my house.
I need to check if the young man in fact did anything, but my brother says I need to send him a paper so the courts can check up on the file.
What ca I do?
RESPONSE: Dear Sean,
Thanks for writing in. Based on what you are outlining, you should have gotten a Court issued receipt with the file number of your case, had the young man filed the claim on your behalf. Your brother or you need to request this receipt from the young man and he should have no problem sharing this or the number of the file he started for you at the Court. You also should get the date that the case is set to be heard in court.
If he is reluctant, please give your brother a letter of authorisation so he can speak directly with the Clerk Of court about the incident.
If you end up having to start the claim yourself, you will need to sue this young man for your money, as well as give your brother a power of attorney document to file the claim on your behalf. No one can show up in court on your behalf without a power of attorney.
Should you need further assistance, please write again.