If the defendant is a no-show the person sueing will win by de-fault
If the defendant does not show up in small claims court, the judge may enter a default judgment in favor of the plaintiff. This means that the plaintiff wins the case by default since the defendant did not appear to defend themselves. The plaintiff may then be awarded the relief requested in their claim.
If the plaintiff doesn't show up in a California small claims court, the case may be dismissed. The defendant may also ask for a dismissal due to the plaintiff's absence. The judge will typically rule in favor of the defendant if the plaintiff is not present to present their case.
The court clerk or process server will typically provide a proof of service document indicating when and how the defendant was served with the court papers for the small claims case. This document is then filed with the court as confirmation of proper service.
If the defendant does not pick up the registered letter containing the copies from the small claims court, the court may consider the letter as being served. This means that the defendant is aware of the information contained in the letter, even if they did not physically receive it. The case may proceed in court based on this notification.
In small claims court, if the attorney for the plaintiff does not show up, the case may still proceed. However, it ultimately depends on the judge's discretion. The judge may choose to dismiss the case or reschedule it for a later date.
A consol defendant is a party in a lawsuit who joins with another defendant or defendants in order to defend against the same claim or claims. This can happen when multiple defendants are sued together and are represented by the same legal counsel.
Defendant should not have a lawyer in Small Claims Court. Most small claims actions forbid having an attorney appear unless the attorney is the plaintiff or defendant.
If the plaintiff doesn't show up in a California small claims court, the case may be dismissed. The defendant may also ask for a dismissal due to the plaintiff's absence. The judge will typically rule in favor of the defendant if the plaintiff is not present to present their case.
Small claims court in the county where the defendant resides or the county in which the claim arose.
The court clerk or process server will typically provide a proof of service document indicating when and how the defendant was served with the court papers for the small claims case. This document is then filed with the court as confirmation of proper service.
Most small claims courts require you to file where the defendant resides. To find out what the case is in your jurisdiction, contact the clerk of court where you live to see if you can file against an out of state defendant there.
If the defendant does not pick up the registered letter containing the copies from the small claims court, the court may consider the letter as being served. This means that the defendant is aware of the information contained in the letter, even if they did not physically receive it. The case may proceed in court based on this notification.
yes
as much as they like i think In the UK they can claim all expenses, the court may also award damages as compensation in some cases.
yes
The plaintiff decides. However, there are two main exceptions: If it is over $5000, it must be tried in county court. And, if the Defendant wishes, he or she may remove the case from Small Claims court to county or district court where he or she may be represented by an attorney. Be careful, if you file in small claims court and it is removed, you will lose the right to trial by jury.
Small Claims Court. Depending on what state you are in depends on the maximum you can sue a defendant.
alibi