What happens if the person I'm suing in small claims court doesn't show up?
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M$5 Answers
I am not a lawyer but I will do my best to answer your question.
First I would like to mention that every state is different. Within most states if someone doesn't show up then by default the party present will win. But not always. It also depends on the amount being sued and the type of case.
What if the defendant fails to respond?
If the defendent doesn't show up, in most states you do still have to prove your case.
If the defendant does not respond to your claim filed in the small claims department, you should fill out a "Request for Default Judgment" form (depending on where you live). Once you submit the form, the court clerk will enter a judgment against the defendant for the amount you are asking in your suit plus your court costs.
Your claim will be dismissed in 90 days if the defendant does not appear and you have not filed the request for default judgment. It is your responsibility to check with the clerk every two weeks after the notice is served to see if the other party has filed a response. Again, this depends on where you live.
I would deffinately look on line for your state laws and as well see if there is legal aid or legal services in your area who can help answer your question(s).
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M$
Usually, you would win your case by default, the defendant would also have a fine and it could go on their record.
Either way, you get what you want and he/she may be in even bigger shit.
"10. What happens if I do not show up for the hearing?
If you are the defendant and cannot go to court at the time of the hearing, go see the small claims clerk as soon as possible. Ask if you can get the date changed. In making such a request, you will be required to pay a fee.
Otherwise, if you are properly notified about the hearing and do not show up, the judge is likely to order a default judgment against you. This means the court-after hearing evidence from the other side-has decided against you.
If you are the plaintiff and you do not show up, the judge may dismiss your case or decide in favor of the defendant.
In either case, to get a second chance to tell your side of the story, there must be a very good reason why you did not attend the hearing. If you think the judge will accept the reason, file a motion to "vacate the judgment." You must do this within 30 days of the date that the clerk mailed you the notice of the court's decision. In addition, you will be required to pay a fee. The clerk will give you the forms to fill out. If you do not file this motion, you will not be allowed to appeal the decision to a higher court either."
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http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10581&id=2175
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M$
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M$
I can tell you that when my parents went to Small Claims Court to sue a plumber who had done faulty work on their house, they got a default judgment against him—but they didn't have any actual way to collect what they were owed, so it turned out the money they'd spent getting the judgment was wasted.
For the fullest answer, you should check with your local courthouse. I'm sure it's a question they have to answer a lot. It may well be that you'll win, but not have any way to enforce the win. See what your options are.
Experience
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M$
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M$
