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The Defendant's Small Claims Options


Learn what to do -- and not to do -- if someone sues you in small claims court.

1. Claim Improper Service or Another Technical Defense

You may conclude that you were not properly (legally) sued or served with the plaintiff's court papers. Perhaps the plaintiff's papers were left with a neighbor, you were not given the correct number of days in which to respond, or you have been sued in the wrong part of your state. For any of these or other similar reasons, you may decide that a major defect in the case means there is no need to show up in court. Wrong. A judge can easily overlook even a major technical problem and, as a result, enter a judgment against you by default. If this happens, you will have to go to the trouble of requesting that the judgment be set aside. Far better to contact the clerk immediately to explain the problem with the service or the court location, and ask that the case be delayed (continued) to a date that is convenient for you or transferred to the correct court.

 

Out-of-state defendants. If you don't live -- or do business -- in a state where you are sued, a court normally doesn't have power ("jurisdiction," in legalese) to enter a valid judgment against you, unless court papers are served on you while you happen to be in that state. (Exceptions exist for people who live out of state but own land in the state where the lawsuit was filed or got into a traffic accident in that state.) If you are an out-of-state resident and receive small claims papers via the mail, promptly write a letter to the court explaining that you do not believe you are subject to the court's jurisdiction. Stay in touch with the court clerk until you are sure the case has been dismissed.

Copyright 2006 Nolo

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