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If you do not settle out of court or file an Appearance on or before the Return Date, and you fail to appear in court on the Return Date, a Judgment by default may be entered against you for the amount claimed, plus court costs.
If you go to court, the judge will tell you when you need to file your Answer. It will usually be 10 days from your court date. In lawsuits for more than $50,000, the Summons will state that you must file an appearance within 30 days after the day you are served.
Eight Step Process Go to the courthouse. ... List your name as the plaintiff. ... The party you are suing is called the defendant. ... List the amount of money you request as damages. Include a brief explanation about why you are suing the defendant. The clerk will assign a number to each small claim case.
Filing fees generally are not more than $250. You may also need to pay a small fee for serving the defendant. If you win your case, you can usually have the defendants pay for your court costs. If you pay the filing fee, you can apply to have your fee waived.
Suing someone for $10,000 or less Small claims court is a civil court where a plaintiff (person filing the case) can sue someone (a defendant) for $10,000 or less. It has simplified rules and can go much faster than other types of cases.
O You must file the Appearance form in the county where the court case is filed. o Make copies of your original Appearance for yourself and each party in the case. o Bring the original Appearance and the copies to the Circuit Clerk at the courthouse. Appearance, and return these copies to you.
Filing fees generally are not more than $250. You may also need to pay a small fee for serving the defendant. If you win your case, you can usually have the defendants pay for your court costs. If you pay the filing fee, you can apply to have your fee waived.
Generally speaking, if you were not served then the court can not take legal action against you.