What if I need to get documents or information from the opposing party in order to prepare my case?
You cannot require the opposing party to provide you with documents or other information in order to prepare you case. If you need to do this in order to prepare your case may not be one that can be resolved in small claims court.
What if I want to require a witness to testify at the hearing but I’m not sure if he/she will come?
You may subpoena witnesses to appear at the hearing. This means that you can request the Court to send the witness a document requiring him/her to come and testify on the date of the hearing. (There is a filing fee for this process).
What if I can’t make the scheduled hearing date?
If you cannot make the scheduled hearing date you must file A MOTION FOR CONTINUANCE with the Court. You will need to fill out the form and briefly tell the Court why you are unable to attend on the date scheduled, as well as any supporting documentation you may have. This motion needs to be filed at LEAST THREE BUSINESS DAYS BEFORE THE HEARING DATE. The motion must be filed with the Court (there is a filing fee), and a copy sent to the opposing party. (See service requirements.)
THE HEARING DATE DOES NOT CHANGED UNLESS AND UNTIL THE COURT GRANTS THE MOTION—IF THE MOTION IS GRANTED THE COURT WILL NOTIFY ALL PARTIES OF THE NEW HEARING DATE.
YOU MAY ALSO CHECK THE CASE ON OUR WEB SITE..
What if I miss the Court date?
If you are the defendant and you do not come to the hearing, the plaintiff will still be allowed to present his/her case. If the Magistrate feels that the plaintiff has proved his/her case he/she may be awarded any or all of the money asked for in the complaint, even if you would have had a valid defense to the claim. This is called a default judgment.
Can the Court help me collect judgment?
If the Court finds in your favor and orders the opposing party to pay you money, the opposing party is required to do so. Once the judgment is paid the party who received the money must file a satisfaction notice with the court stating that it was paid. If however, the party who owes the money (now called a judgment debtor) fails to pay the judgment, the COURT CANNOT proceed against him/her on its own. You must file or start a separate action to collect your judgment.
The three most commonly used are:
While the above three are the most commonly used methods, the Court cannot tell you which collection method to use because it cannot give legal advice. We do have a booklet on Collecting Your Judgment which may help you. However, if you feel you need further guidance on which collection method to use or how to start collection proceedings you may want to consult legal counsel.
See Fee Schedule for Filing Fees.
