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 for a trial in Idaho, you may be able to take further action to collect the judgment. The court may issue a default judgment in your favor, which would allow you to collect the amount owed. If the other party still does not pay, you may be able to take further action. One option is to file a motion with the court to have the judgment enforced. This motion would ask the court to take further action such as forcing the other party to pay or allowing you to seize their assets. The court may also order a “garnishment”, which is when a portion of the other party’s wages or bank accounts is held until the judgment is paid. You may also choose to file a “motion to set aside default judgment”. This motion asks the court to set aside or throw out the judgment because the other party was not given proper notice of the proceeding and/or did not have the opportunity to be heard. If all else fails, you may be able to file for bankruptcy in an attempt to collect the amount owed. Bankruptcy is a serious issue that should not be taken lightly, so it is important to consult an attorney before taking this route. Ultimately, the best way to get what is owed to you is to appear in court and make your case to the judge. If the other party fails to appear, you may be able to take further action as outlined above.
Related FAQs
Can I withdraw my small claims court case after it has been filed?What happens if I disagree with the decision in a small claims court case?
How do I file an answer to a complaint filed in small claims court?
How do I locate a defendant in a small claims court case?
How do I know if I should appear in person in a small claims court case?
When is the plaintiff's evidence due in a small claims court hearing?
What kind of assistance is available to help me prepare for small claims court?
What is the process of obtaining a judgment in a small claims court case?
What is the process for obtaining a garnishment order in a small claims court case?
What is the court's decision-making process for small claims cases?
Related Blog Posts
What is Small Claims Court and How Does it Work? - July 31, 2023Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023