Small claims court in the county where the defendant resides or the county in which the claim arose.
The plaintiff does when they file a claim. These charges can be recovered if the plaintiff wins his case.
The wording of the question is too cryptic - however - it appears that the Plaintiffs claim was dismissed due to the plaintiff's lack of prosecution (e.g.: The plaintiff failed to appear in court to press their case -or- the plaintiff withdrew their case- etc).
If you are the plaintiff by counterclaim - that means you were the defendant in a previous claim and are now offsetting that claim with a counterclaim. You reverse your role with this action and point the finger back at the original plaintiff.
If a case in Small Claims was dismissed with no prejudice, the plaintiff typically has the opportunity to refile within the statute of limitations period for that particular claim. The specific time frame for refiling will depend on the laws in the jurisdiction where the claim was filed. It is advisable for the plaintiff to consult with an attorney or research the specific laws in their area for accurate guidance.
You or your attorney must raise that issue during the hearing. You provide evidence to show the plaintiff is lying to the court or ask the court to order the plaintiff to provide proof of their claim. You do not wait until the matter is over to claim the plaintiff lied.You or your attorney must raise that issue during the hearing. You provide evidence to show the plaintiff is lying to the court or ask the court to order the plaintiff to provide proof of their claim. You do not wait until the matter is over to claim the plaintiff lied.You or your attorney must raise that issue during the hearing. You provide evidence to show the plaintiff is lying to the court or ask the court to order the plaintiff to provide proof of their claim. You do not wait until the matter is over to claim the plaintiff lied.You or your attorney must raise that issue during the hearing. You provide evidence to show the plaintiff is lying to the court or ask the court to order the plaintiff to provide proof of their claim. You do not wait until the matter is over to claim the plaintiff lied.
In small claims court, a motion to dismiss may not be used as an initial response to the plaintiff's claim and service. Instead, parties are typically required to file an answer within a specified time frame. However, depending on the specific circumstances and court rules, a motion to dismiss may be allowed in response to the plaintiff's claim.
The plaintiff in a civil trial is the person that is making the claim. In a criminal trial it is the government.
The plaintiff must be the person(s) who has title to the property and can prove that their claim is the strongest as opposed to that of the adverse party.The plaintiff must be the person(s) who has title to the property and can prove that their claim is the strongest as opposed to that of the adverse party.The plaintiff must be the person(s) who has title to the property and can prove that their claim is the strongest as opposed to that of the adverse party.The plaintiff must be the person(s) who has title to the property and can prove that their claim is the strongest as opposed to that of the adverse party.
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.
A counterclaim is a claim (lawsuit) made by a defendant (the person getting sued). Often times, if a person is taken to court they will file a claim against the person suing them. This is called a counterclaim. The person making the counterclaim is the counterclaimant.
No, if you are the party who is being sued the plaintiff must serve you with notice. Generally, with small claims court actions you will be notified by the court of the time and date of the hearing.
You should defend the small claim if you are right. If you are wrong, it is to your advantage to contact the plaintiff prior to trial to work out a payment plan--this is perfectly acceptable and even encouraged by the courts. If the plaintiff will not work with you, at trial, you should ask the judge to set a payment plan.