FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
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.
|
FAQs
- How is the court system structured?
- What happens after each side has presented all its evidence?
- What if I am selected as an alternate juror?
- How do parties present their case?
- What if there are other claims or parties that should be involved in the litigation?