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 Texas, you have a few options. Firstly, you can ask the court if you can reschedule the date. If the court allows, you can then give the other party an additional notice to come to court. Secondly, you can ask the court to issue a “default judgment,” which means that you win the case by default since the other party failed to appear. You can also ask the court to find the other party “in contempt of court” due to their failure to show up. If the court finds the other party in contempt of court, the judge can potentially impose fines and/or jail time. Lastly, even if the other party fails to appear to the court date, you should still present evidence and testimony to the court so the court can rule on the case. This will allow the court to fully consider the case and make a decision even without the other party being present. Whether or not you are able to enforce the outcome of the case depends on your ability to locate the other party and collect payment. In order to do that, you can ask the court to approve certain discovery requests, such as subpoenaing records or issuing an arrest warrant for the individual.
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