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What happens if a defendant can not pay as AGREED in a small claims judgment?
Wiki User
∙ 12y ago
Frequently in small claims cases, a settlement is documented by a "stipulation". It states the amount to be paid and a schedule of payments (amounts and due dates). It is signed by the parties to the lawsuit, and often confirmed by the judge who wishes to know that it accurately reflects the agreement. As long as payments are made as agreed, the court does not enter a judgment.
Stipulations also usually provide that if payments are not made as agreed, the person to whom the payments are to be made can file an affidavit with the court, and mail a copy to the other party, stating what payment was missed. Usually, the stipulation will also provide that the court is empowered to enter a judgment for the remaining amount.
Be aware that the stipulation can provide any legal terms to which the parties agree. These can include a provision for a grace period. Or, the parties can informally agree that the person owing money will have additional time to pay.
Wiki User
∙ 12y ago
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What will happen if you do not appear in small claims court when summoned?
In many cases, a defendant's failure to appear (or to request a continuance) will result in a summary judgment. This can result in further legal proceedings against the defendant even if it is eventually appealed.
How do you collect awards in small claims court?
To collect an award in small claims court, you will typically need to ask the court to enforce the judgment. This usually involves filing additional paperwork to request the court's assistance in collecting your judgment, such as a writ of execution or a garnishment order. You may also have to work with the court to locate the defendant's assets that can be used to satisfy the judgment.
Who does the court notify in a default judgment case in California?
The defendant(s) (persons named on the civil summons) who then have a set time to file their exemption claims or in some cases a countersuit.
If personal property is not asked for but money is in a small claims action can that property be repossessed?
(Assuming you are the defendant) If the plaintiff is awarded a judgment against you, and you do not satisfy the judgment in full, the plaintiff may file for a writ of execution on the personal property. The personal property can then be sold at a public sale to help pay for the judgment.
In small claims court when claimant loses case against the defendantdoes the defendant automatically win counter claim decision and cash amount?
No, it is up to the judge to grant judgment. It is not granted by default.
In small claims what if the defendant is a no show?
If the defendant is a no-show the person sueing will win by de-fault
Does insurance pay for small claims judgment against them and their client?
In most cases, yes. That is what insurance is for. Farmers Insurance. I figure since they sent 3 people to represent or help the defendant with her case, and lost. They should cover the judgment that was in my son's favor. My son's insurance is 21 century.
Do you have to give deposition at defendants lawyer's after filing small claims suit?
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.
Can a wittiness claim the fifth if the defendant claims he is not guilty?
yes
What if the defendant is in a different state Can you file a small claims case then?
You can file a small claims case against anyone, anywhere. Out of state Defendants are normally served Summonses by the deputy sheriff or constable in their home state. If they fail to appear in the court designated on the Summons, a default judgment can be entered against him. The difficulty in this type of situation is that the service of the Summons will cost more and a judgment is more difficult to collect on. If a judgment is won by the Plaintiff in a situation like this, he has to have the judgment "domesticated" in the Deft.'s state, then proceed on collecting on the Judgment according to that state's laws.
Which type of a defense is an attorney using when the attorney claims that the defendant's actions were necessary to ensure the defendant's physical safety?
alibi
What happens after a judgment is entered against you in small claims regarding a rental property?
The prevailing party (judgment creditor) may collect on the judgment. You may be summoned to court to tell about your assets, garnishment may be started, or other lawful means of collection may be used, at the judgment creditor's discretion.
