What happens if the plaintiff is not present at the hearing?

If, however, the plaintiff isn’t present for the hearing, or if the parties don’t agree to hear the case then and there, the judge will reschedule the trial, and the clerk will mail a notice of the new trial date to the parties.

What happens if the defendant is a no show?

After arriving and checking in with the court clerk, most of the participants will likely be asked to try to work out their differences in the hallway and the court will call the default cases. The judge will expect you to “prove up” your case, or present a showing of proof demonstrating that there’s a basis for your claim.

Can a default judgment be set aside by a court?

Courts aren’t very sympathetic to setting aside or vacating a default judgment unless you can show that you weren’t served with the lawsuit and didn’t know about the hearing. In some states, this can happen if someone signs your name for a certified letter and then doesn’t give it to you.

How does a Small Claims Judge hear a case?

If all parties are present and agree, the small claims judge might hear the original case without rescheduling it. If, however, the plaintiff isn’t present for the hearing, or if the parties don’t agree to hear the case then and there, the judge will reschedule the trial, and the clerk will mail a notice of the new trial date to the parties.

What happens if you ignore a judgment from a court?

If you ignore the lawsuit, the court will enter an automatic judgment against you, known as a default judgment. Of course, even if you file an answer to the lawsuit, you can still lose the case.

What happens at a summary judgment hearing in?

If this Motion is strong enough the Judge will not hear the Summary Judgment issues at all and will continue the matter to another date.

What happens if the defendant does not show up for court?

WHAT HAPPENS IF THE PERSON I AM SUING (the Defendant) DOES NOT SHOW UP FOR COURT? If the Defendant does now show up for the trial, the Plaintiff can ask for a default judgment against the Defendant. For the Judge to grant the default judgment, the Plaintiff still must prove to the Judge that: