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. If the defendant is an active duty member of the armed forces, a judgment can be awarded only if certain prerequisites are met. 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. The plaintiff must still prove the plaintiff's claim by evidence. If the Proof of Service (Small Claims) (Form SC-104) 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.Ī judgment isn't automatically awarded against a defendant who doesn't come to the hearing. If the defendant doesn't appear, the key question is whether the defendant received proper notice of the hearing. Sometimes one of the parties doesn't come to the small claims hearing. ![]() Judgment Against a Party Who Doesn't Come to the Hearing ![]() Your comments will help the court monitor the performance of the court and its temporary judges and staff, as required by Judicial Council rules. 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. You may write to the court for an explanation of the ruling, although the court isn't legally obligated to explain it. Instead, the judge's decision may be based on a law that must be applied to the facts of your case. If the judge doesn't rule in your favor, that doesn't necessarily mean that the judge didn't believe what you said. If the losing party performs the conditions described in the judgment, the judge will then dismiss the case with prejudice alternative (4)). 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. This keeps the dispute out of the official records if the losing party performs. 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.g., pay a stated amount of money). Do this by letter, and include the name and number of your case, as well as your old and new addresses.Ī 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. If you change your address, be sure to give the clerk your new address. Be ready to give your case number when you call. ![]() You may also be able to check the status of your case on a courts Web site. ![]() If you don't receive the Notice of Entry of Judgment (Form SC-130) within two or three weeks, call the small claims court and ask the small claims clerk to check on the matter. Also, if you forgot to bring an important document or other evidence to court-for example, a written contract-the judge may allow you to bring it in promptly after the hearing so that it can be examined by the judge before a decision is made. The judge may take the case under submission, either as a matter of practice, or to review the evidence, research a point of law, or consult an expert. This is called "taking the case under submission." If the judge takes the case under submission, you'll receive your copy of the Notice of Entry of Judgment in the mail, after the case is decided. Other times, the judge may not decide the case until later. Sometimes the judge may decide the case immediately, announce his or her decision in court, and ask the clerk to give the parties the judgment form-called the Notice of Entry of Judgment (Form SC-130)-in the courtroom. The judge may rule for either the plaintiff or the defendant, or may award something to both parties. The judge will base the decision on the evidence, the law, and common sense. The Judgment Receiving the Judge's DecisionĪfter hearing from the parties who appear at the hearing, the judge will make a decision.
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