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 Kansas, you have a few options. The first option is to file a Request for Default Judgment with the court. This form states that the defendant has failed to appear and asks the court for a judgment in your favor. However, the court may still require the defendant to provide evidence before entering a judgment. Your second option is to file a motion to enforce the court order. You can ask the court to issue an order of contempt for the failure to appear, which may lead to the court imposing a fine and/or jail time. Finally, you can ask the court to issue a bench warrant. This gives law enforcement the authority to locate and arrest the defendant for failure to appear. In Kansas, the court can impose a fine of up to $500, and/or the defendant may be sentenced to jail for up to 30 days. If none of these options are satisfying, you may need to pursue other remedies through the court system. In cases of failure to pay, you may be able to pursue garnishment or execution against the defendant’s assets. If the defendant is a business, you may be able to get a judgment lien against it.

Related FAQs

How do I serve the other party with notice of my small claims court case?
What happens if a judgment is not paid in small claims court?
What happens if I disagree with the decision in a small claims court case?
Can I countersue the other party in a small claims court case?
Can I request a change of venue in a small claims court case?
What evidence do I need to present in small claims court?
How do I collect a small claims court judgment from a business?
What is the court's decision-making process for small claims cases?
Can I request a trial by written declaration in small claims court?
What happens if I am unable to attend the small claims court hearing?

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

Related FAQs

Related Blog Posts