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 South Carolina, you have a few options. First, you can contact the other party prior to the court date and try to work out some kind of arrangement to settle the dispute without going to court. This could involve an apology or a payment plan. If the other party still does not show up in court, or you are unable to reach them, you can submit a motion requesting that the court proceed without them. You can do this by submitting the Request for Default Judgment form to the court. If the court grants your request, you will be awarded a judgment in your favor without the other party being present. You also have the option of filing a small claims lawsuit against the other party. This can be done by submitting the appropriate forms to the court. In this case, the court will serve papers to the other party, who will then be required to respond to the lawsuit. If they fail to respond, they will be held in contempt of court and may face additional penalties. No matter the outcome, it is important to remember that appearing in small claims court is a serious matter. If the other party fails to show up and you are successful in getting a judgment in your favor, it is still important to try to collect on the judgment. You can do this by garnishing wages or levying any bank accounts or property owned by the other party.

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