WHAT HAPPENS IF ONE PARTY DOES NOT APPEAR?

If the claimant does not appear in court when the case is called, the case will be dismissed. If the defendant does not appear, the court will hold an “inquest” (hearing). That means that the claimant will go before the judge or arbitrator to present evidence to prove his or her case without the defendant presenting any evidence. If the claimant’s case is proved, a “default” judgment will be awarded against the defendant.

If a default judgment is granted because the defendant did not appear, or the case is dismissed because the claimant did not appear, the losing party may ask the court to re-open the case and restore it for a hearing/trial upon a showing of good cause. On the return date, the judge will decide whether to re-open the case. However, both sides should be prepared to proceed in the event the case is re-opened.

For more information serving legal papers visit www.undisputedlegal.com or call 1.800.774.6922 for a free quote.  Open Monday-Friday 8am.-8pm.  “When you want it done right the first time” contact undisputedlegal.com. #SmallClaimsCourt #Hearings

Screen Shot 2015-03-16 at 2.41.59 PM

Like us on Facebook to get exclusive deals.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s