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Defendant is the person being sued.
- The purpose of Small Claims is to resolve disputes promptly.
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- The Defendant in a Small Claims action receives notice either by
certified mail or is served in person. In this notice he is directed
to appear in Small Claims Court to answer the claim. The Defendant
in any court action is presumed to be free of responsibility in such
action until the Plaintiff proves the facts by showing a
preponderance of the evidence. This means that the Plaintiff must
prove that:
- The Defendant is indebted to him.
- The amount of the indebtedness.
- Demand for payment has been made.
- The Defendant has refused to satisfy such debt.
- The Defendant is advised to bring whatever books, papers, and
witnesses he may need to establish his defense to said claim. While
there are no provisions for the compensation of attorneys in Small
Claims Court, the Defendant and/or the Plaintiff may retain counsel
if he wishes. A Defendant may file a counter-claim. To determine if
this is appropriate, a Defendant should consider consulting a
private attorney.
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- Do not submit any evidence to support your defense prior to the
hearing. No pre-trial conferences with the Judge will be granted
unless BOTH parties are present.
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- Should the Defendant fail to appear at the time and place set
forth, a Default Judgment will be entered for the amount of the
claim stated, plus court costs. If the Court should find against the
Defendant, he must pay the amount awarded at that time or at such
time and upon such terms and conditions as the Court decides. The
Court is unable to consider payment terms unless the Defendant makes
an appearance. If the Defendant breaks the terms of the payment
schedule the Plaintiff will be authorized to immediately seek
collection of the outstanding balance.
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- Either party may appeal to the District Court WITHIN (5)
WORKING DAYS of judgment. A Notice of Appeal to the District
Court must be filed with the Justice Court along with the filing
fees of $121 ($24 for Justice Court, $82 for District Court and $15
for Attorney fees). Additionally you must post with the Court
sufficient money to cover the cost of transcript preparation and an
appeal bond in the amount of the judgment. The Judge or the Clerks
cannot give legal advice regarding the District Court requirements.
You may with to contact a private attorney to help you with this
procedure.
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- In keeping with the dignity and decorum of the Court, the
following attire is requested for court appearances:
Male: Long or short sleeve dress-type shirts, slacks, or
dress-type denim trousers, dress shoes or boots.
Female: Dresses, dress slacks, or shirts & blouses, dress
shoes.
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