What can I do if the other party fails to appear in small claims court?

If you have taken the appropriate steps to notify the other party that they need to appear in small claims court and they still fail to do so, there are a few options you can take. In Hawaii, you can ask the court for a default judgment. This means that the court will hear your case in the other party’s absence, and make a ruling based on the facts presented. If you can’t reach the other party, you can ask the court for an Order of Substituted Service. This is a formal document that is sent to the other party’s last known address and allows them to respond to the court at a later date. Finally, if you are able to contact the other party, you can try and arrange a mediated settlement. This is a voluntary process where an unbiased third-party mediator helps the two parties come to an agreement. If an agreement is made, the court will need to approve it. No matter what you decide to do in small claims court, it is important to remember that it is your responsibility to ensure the other party is aware of their obligation to appear in court. If you are unable to do so, it is beneficial to consult with a lawyer to ensure that your rights are protected.

Related FAQs

What evidence do I need to present in small claims court?
How does small claims court handle appeals?
Are there any special rules or procedures I need to know when filing a claim in small claims court?
What is the process for requesting a court trial in a small claims court case?
Are there any rules prohibiting me from collecting a small claims court judgment outside of court?
How do I file a motion to have a case heard in small claims court?
What is the process for collecting a judgment from an out-of-state party in small claims court?
What is the process for appealing a small claims court decision?
How do I serve the other party with notice of my small claims court case?
Are there alternate dispute resolution options available in small claims court?

What can I do if the other party fails to appear in small claims court?

Related FAQs

Related Blog Posts