If you change your address, be sure to give the clerk your new address. Do this by letter, and include the name and number of your case, as well as your old and new addresses. A small claims judgment is a public record that is often listed in the credit record of the losing party the judgment debtor , even after the judgment is fully paid.
To avoid marring a person's credit record, particularly if the losing party hasn't done anything morally wrong, some judges hear the case and issue a decision that becomes effective only if the losing party fails to do what the judge decides e.
This keeps the dispute out of the official records if the losing party performs. The judge has actually decided the case, but schedules a follow-up hearing to see if the losing party has paid the money or done the things that the judge has ordered. If the losing party performs the conditions described in the judgment, the judge will then dismiss the case with prejudice alternative 4.
If the judge doesn't rule in your favor, that doesn't necessarily mean that the judge didn't believe what you said. Instead, the judge's decision may be based on a law that must be applied to the facts of your case. You may write to the court for an explanation of the ruling, although the court isn't legally obligated to explain it.
Also, you may write to the judge who heard the case, the presiding judge of the court, or the court administrator, to register your feelings, good or bad, about your small claims experience. Your comments will help the court monitor the performance of the court and its temporary judges and staff, as required by Judicial Council rules.
Sometimes one of the parties doesn't come to the small claims hearing. If the defendant doesn't appear, the key question is whether the defendant received proper notice of the hearing. If the Proof of Service Small Claims Form SC shows that service of process was properly made, the judge will consider the plaintiff's evidence and decide the case, even if the defendant is absent. A judgment isn't automatically awarded against a defendant who doesn't come to the hearing.
The plaintiff must still prove the plaintiff's claim by evidence. If sufficient evidence is provided, the judge may award the plaintiff some or all of the amount claimed, and possibly also court costs and interest.
If the defendant is an active duty member of the armed forces, a judgment can be awarded only if certain prerequisites are met. If the plaintiff doesn't appear at the hearing, and doesn't notify the court of the reason for the absence, the court has several options. The judge may reschedule the case, dismiss the case with prejudice, dismiss the case without prejudice, or-if the defendant appears-enter a judgment against the plaintiff after considering the defendant's evidence. If a judgment is entered against a non-appearing party, the non-appearing party can ask the court to set aside, or vacate, the judgment in certain circumstances.
If the plaintiff doesn't appear at the hearing, and a judgment is entered against the plaintiff, the plaintiff has 30 days after the date of the clerk's mailing of the Notice of Entry of Judgment Form SC to ask the small claims court to set aside the judgment and hold another hearing.
To make this request, the plaintiff must file a Notice of Motion to Vacate Judgment and Declaration Form SC and explain why the plaintiff didn't appear at the hearing. A hearing to consider the request will then be held.
The word "motion" means "request," and the words "notice of motion" mean that the person giving the notice desires to make a request. The request to vacate set aside the judgment may be granted, but only if the judge finds good cause for the plaintiff not attending the hearing.
Examples of good cause may be illness, a family emergency, or lack of notification about the hearing date if it was changed. If the request is granted and all the parties are present, the court may ask them if they would like to proceed immediately with the merits of the case. All parties must consent to the court's request to hear the case on the merits immediately after the motion is granted.
By law, you are not obligated to consent to the court request. If you are not ready to proceed after the motion to vacate is granted, let the court know that you would like the hearing to be rescheduled. Check with the circuit clerk where you filed your Appearance when your court date will be.
Make sure to come to court on that date. Otherwise, the plaintiff will win the case automatically. You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge.
To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:. If you are filing a case, you are called the plaintiff. If a case has been filed against you, you are called the defendant. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent.
The judge will ask you if you admit or deny the claims in the complaint. The following are possible outcomes from the first court date:.
To prepare for trial , do the following things:. If a witness refuses to come to court, you can have the court make them come. To do this, you will need to get an order called a subpoena from the circuit clerk. If the clerk issues the subpoena, the person you want as a witness is required to come to court. You will have to pay any witness you forced to come to court. You or any other adult may deliver the subpoena to the witness, or you may ask the sheriff 's office to deliver it to them.
All small claims court sessions are open to the public. You may attend any of these courtroom proceedings to observe. The trial will be in front of the judge only, or in front of a jury and a judge. The plaintiff will have the first chance to present evidence and witnesses to prove their case. To do so, the plaintiff may show the judge or jury papers, or ask witnesses to answer questions.
This is called testimony. When they finish, you and the judge can ask the witness questions. Then, you will have a chance to present evidence and witnesses. The plaintiff and the judge can question cross-examine your witnesses. If no jury was requested, the judge will either dismiss the case or give the plaintiff a judgment for the money. If it is a jury trial, the jury will talk privately, and then give their decision to the judge.
Based on the jury's conclusion, the judge will either dismiss the case or award the plaintiff a judgment for money. If the judge dismisses the complaint , the case is over. You do not need to do anything more unless the plaintiff appeals the case or files anything more. You will get notified if any of these things happen. If the plaintiff proves that you owe the money, the judge will give them a money judgment.
This is a court document that says you owe the plaintiff money. The judgment may also include court costs. This does not mean that you have to pay the plaintiff on the day the judgment is entered. However, if you do not pay, the plaintiff can ask the court to have the money:. If you do not pay right away, interest will start collecting on the day of the judgment. The longer you wait, the more you will have to pay. Either party can appeal a decision if they lose their case.
The court that you would take your case to is called an appellate court. In most counties, you must file an appeal within 30 days of the day the judge enters a judgment. Appeals are complicated and require additional fees. You should talk to a lawyer before appealing your case.
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We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help. All rights reserved. After being served, what does the defendant need to know about filing an answer? The defendant has 20 days to file a written Answer and mail it to the plaintiff.
ARSCP 7. What is a counterclaim and what do I need to know before filing one? A Counterclaim says that the plaintiff did or owes something to the defendant. The Counterclaim can be about the issue the plaintiff brought to court or a different event. ARSCP 9 a-c. What if we settle the matter before the hearing date? If you settle the lawsuit before the hearing date, the plaintiff must tell the court by filing a notice of settlement.
ARSCP 4 d. What do I need to know about my small claims hearing? You will be notified by the clerk of the court as to the date, time, and location of the hearing within 60 days of the defendant filing an answer. The formal rules of procedure, pleading , or evidence do not apply except for priviledged communications.
If the date the clerk issues does not work with your schedule, you have to Request a rescheduling 15 days in advance. Your request can be denied if you do not have a valid reason, do not provide documentation for the request, or if it has already been delayed.
Emergency requests are possible at any time, but you have to have a very good reason for not filing in the timeframe given. ARSCP 12 b. What do I need to know about evidence and testimony before a hearing?
Formal rules of evidence do not apply in small claims cases. They may also ask questions and allow the plaintiff and defendant to ask questions of one another and witnesses. ARSCP 12 e. What happens if someone does not appear for the hearing? The plaintiff and defendant are both required to appear at the hearing.
If the defendant does not show, the court will consider the evidence and may award the judgment to the plaintiff.
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