What can I do if the other party fails to appear in small claims court?
In Colorado Small Claims Court, if the other party fails to appear in court you have a few options. The judge may decide to grant you a default judgment; however, the judge might also choose to adjourn or continue the case. If the judge grants you a default judgment, you win the case and are due to be paid by the other party. It is essential to remember that just because you have a compensation order, it does not guarantee payment. You may need to take additional steps to collect your money. If the judge chooses to adjourn or continue the case, the court will set a new hearing date. You may have to attend the new court date, and you may also need to provide additional evidence in the court. Make sure to show up to the new court date, and files any new evidence beforehand. If the other party fails to appear in court, you may be able to ask the court to issue a bench warrant. This type of warrant orders the police to arrest the other party and bring them to court to answer to the judge. The police can serve the other party with the bench warrant in person or by mail. No matter what decision the judge makes, it is important to remember that every person has the right to be heard in court, and the judge will only make a decision that is fair for both parties.
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