How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thelawman2 Your Own Question
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1517
Experience:  Attorney-at-Law
Type Your Legal Question Here...
Thelawman2 is online now
A new question is answered every 9 seconds

What laws and rules I need to defend myself in small claims

Customer Question

what laws and rules I need to defend myself in small claims court?
Submitted: 2 years ago.
Category: Legal
Expert:  Thelawman2 replied 2 years ago.

What is the claim against you alleging?

Expert:  Thelawman2 replied 2 years ago.

In preparation for your case, you should:

Before the hearing date, both parties should:

  • Collect all documents that would help to prove their case. Make extra copies for the judge and the other party.
  • Contact any witnesses who have agreed to testify and inform them of the hearing date.
  • Subpoena documents or summon witnesses to appear in court, if needed. A subpoena is a command to appear before the judge in order to give testimony or produce evidence. A subpoena can be obtained from the clerk of the magistrate court. The fee for serving a subpoena ranges from $5 to $25. Some counties include this cost in the filing fee.
Expert:  Thelawman2 replied 2 years ago.

During your hearing, the plaintiff and defendant may question or dispute each other's testimony during the hearing. When both parties have completed their presentations, the judge will give a judgment (make a decision). The judge may grant an award of monetary damages to the plaintiff, to the defendant or both.

The plaintiff must appear in court on the day of the hearing, or the judge may:

  • Allow the defendant to present testimony and give a judgment, without hearing from the plaintiff.
  • Postpone the case until a later date.
  • Dismiss the case.

The defendant must appear in court on the day of the hearing, or the judge may grant a default judgment in favor of the plaintiff.

Expert:  Thelawman2 replied 2 years ago.

Have you provided an answer to the complaint yet? If not, you can submit your answer in writing to the Court. You may prepare your own form or use one of the Court's answer forms that are available to you at no cost. Another option is to consult with an attorney. The answer is where you list all of the things incorrect in the plaintiff's answer. You have 30 days to submit your answer to the court.

Related Legal Questions