It is your duty to check with the clerk every two weeks after the discover is served to see if the other party has filed a response. If the defendant requests a hearing, the clerk will notify you and the defendant by mail of the time and place set for the listening to. If the listening to date just isn’t handy, either celebration could request a postponement. The request have to be in writing and received by the courtroom no much less than seven days earlier than the listening to. If you do not seem in court at the time set for the hearing, your suit might be dismissed, and you can not file it once more.
If you study new information about the defendant’s location at a later date, you’ll be able to file your claim once more. The notice of your claim shall be sent to the defendant by licensed mail and by strange firstclass mail. In basic, a claimant can sue within the county where both party resides.
Small Claims Instances
If the choose wants extra time to consider the case, she or he will let you know when you presumably can count on a decision. If the defendant does not reply to your declare filed within the small claims department, you should fill out a “Request for Default Judgment” form. Once you submit the shape, the court clerk will enter a judgment in opposition to the defendant for the amount you might be asking in your swimsuit plus your court docket prices. The claim and see of your suit should be served on the defendant.
For more data, click on on Commercial Claims and Consumer Transactions. Judicial magistrates hear most small claims circumstances, though any decide may hear a small claims case. Be sure to evaluate the ideas for representing yourself earlier than your listening to.