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What is it Called When You Represent Yourself in Court?

Dena Standley | June 07, 2024

Dena Standley
Legal Expert, Paralegal
Dena Standley, BA

Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: When you represent yourself in court, it’s called appearing pro se, Latin for "for oneself." Pro per means the same thing and is preferred in some states, such as Louisiana. Representing yourself can save you a fortune on legal costs, but it also comes with substantial risk. SoloSuit helps pro se litigants respond to debt collection lawsuits.

Representing yourself in civil court can be a good idea if you feel confident in your ability to present your case properly. However, the Sixth Amendment of the Constitution guarantees the right to legal representation for criminal defendants. Given the potentially high stakes of a criminal trial and pro bono (without charge) legal representation, using an attorney in criminal proceedings is a good idea.

In civil matters, some courts are designed for pro se litigants, particularly small claims courts. In most states, small claims courts are designed to be accessible to individuals representing themselves without the need for an attorney. Small claims courts are more affordable and less intimidating for those with a legal issue that needs to be addressed in court.

Even cases in small claims courts require preparation and knowledge of how the legal process works. There is typically a dollar limit on cases that can be heard in a small claims court. To get started, you can contact the clerk of court in your area for more information and resources. Otherwise, Solosuit is a great option if you plan to represent yourself in court.

Information for pro se litigants

According to 28 U.S.C. § 1654, anyone has the right to appear pro se in a civil case in federal court. There are some specific limitations to self-representation, which include:

  • Class action suits must involve attorneys.
  • Corporations and partnerships must be represented by a lawyer.
  • Parents who are not attorneys cannot appear pro se on behalf of a minor, except when appealing the denial of the minor's social security benefits.

If you plan to represent yourself in a federal court, the Federal Bar Association has drafted a handbook of the information you will need to appear pro se.

All state courts have established rules that allow self-representation based on written guidelines or established case law. You can argue your case and make your own legal decisions without the need to hire expensive legal representation, allowing you to feel empowered to decide how to manage your legal situation.

Most states have developed similar handbooks for those representing themselves in state court. The handbooks will contain valuable information such as: the court's rules of procedure, different types of case filings, how to file a court case and other pleadings, and court costs and fees you will be required to pay.

Below, we’ve created a list of guides for self-represented litigants in each state.

Find a pro se guide in your state

Representing yourself in court has cons

Before deciding to represent yourself in court, you should carefully weigh the pros and cons. Though pro se representation has been climbing in the past decade, it is still uncommon in most courts. You may encounter unintentional bias from opposing attorneys and the judge. Other cons of self-representation may include:

  • Rules, procedures and case law can be very complex and hard to navigate.
  • Representing yourself in court can create stress and anxiety.
  • Lack of experience increases the risk of making mistakes such as missing deadlines, errors in paperwork and procedural missteps that could negatively influence your case.
  • You will likely not have the same resources as an attorney, such as legal databases and research tools.

It is essential to consider the factors involved in pro se representation. Seeking advice from a qualified attorney and consulting reputable sources can help ensure the best possible outcome.

There are lots of benefits to self-representation in court

The primary reason most people choose self-representation is cost savings. Hiring an attorney is costly, and finding qualified low-cost or pro bono representation can be challenging. However, before proceeding with pro se representation, you should explore legal aid clinics and other reduced-fee options. The U.S. government has put together this guide to help people find and access affordable legal help.

As a pro se litigant, you will have direct control over your case, and direct communication with the court. Strategic decisions such as what evidence to present will be made by you and don't have to worry about miscommunication between you and an attorney. Whatever the outcome of your case, you'll have the comfort of knowing you took charge of your legal situation.

Represent yourself in court when sued by a debt collector

When you receive notice that you've been named in a pending lawsuit by a debt collector, it often feels overwhelming and frightening. It can be tempting to ignore the notice and try to pretend like it's not happening.

Unfortunately, that isn't the solution, as not responding can result in a summary judgment against you. Such a judgment may allow the creditor to access your bank accounts, place liens on your property, or garnish your wages. Instead, file a Debt Answer immediately to protect your rights in the case.

In your Answer, you should address each allegation listed in the Summons and Complaint (also known as a Petition in some states). You can respond to the allegations in one of three ways:

  1. Admit
  2. Deny
  3. Deny due to lack of knowledge

It's wise to deny the allegations, as that forces the debt collector to prove everything they're claiming. Once you've filed your Answer, it's time to explore negotiation opportunities. Lawsuits are expensive, so you may find that the debt collector is willing to settle the case, often for less than you originally owed.

You will need to carefully review your finances to determine how much you can pay. We recommend that you make the initial offer for less than the maximum you can pay. That leaves room for negotiation if the creditor responds with a counteroffer.

Learn more: 3 Tips on How to Represent Yourself in Court

Now, let's look at an example of self-representation in a debt collection lawsuit.

Example: Mason was sued by Discover for several thousand dollars. He didn't agree with the amount, so he used SoloSuit to respond to the lawsuit with an Answer. Discover's attorneys responded with a Motion for Summary Judgment, and Mason used SoloSuit again to draft a Motion to Compel Arbitration and filed it into the case. When the attorneys heard about Mason's request to settle the matter through arbitration, they decided to dismiss the case.


To learn more about Mason's experience representing himself in court, check out this video:

If you know you owe the debt, settlement might be a good option for you. Debt settlement involves paying off a portion of your debt in a lump-sum payment to clear your name of it. Most debt collectors are willing to work with you to reach a settlement agreement. SoloSettle can help you start the conversation and send and receive settlement offers until you reach an agreement with the debt collector.

Settle with SoloSettle

Make an Offer

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