What can I do if the other party fails to appear in small claims court?
If the other party fails to appear in small claims court in Delaware, you have a few options. First, you can file a motion for a default judgment in which you will ask a judge to enter a judgment in your favor without a trial. To do this, you must file a motion for default judgment that includes the amount of money you are seeking. Second, you can reschedule the trial date for a later time. Third, you can ask the court to compel the other party to appear. Finally, if the other party continues to fail to appear, then the judge may enter a default judgment in your favor. You can also file a motion to dismiss the case or to have the other party held in contempt for not appearing in court. If the judge finds that the other party willfully failed to appear, then he or she may impose fines or other sanctions. It is important to note, however, that the judge has the final say in all matters related to the case and can choose to do whatever he or she thinks is best. No matter what option you choose, make sure to keep all documents and evidence related to your case in a safe place. This way, if the other party still fails to appear, you will have all of the documentation necessary to prove your case in court.
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