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 Virginia, there are a few steps that can be taken. First, the court will generally grant a continuance or delay the hearing. This means that the court will schedule a new hearing at a later date, allowing the other party time to appear. If a continuance is not granted, the court may enter a default judgment in favor of the party present. This means that the court will side with the party who showed up and the other party must then follow the court’s decision. If a default judgment is entered and the other party still fails to appear, the court may grant the party present “judgment by confession”. This is where the other party admits they owe the debt and will pay it in the form of the judgment. If a judgment by confession is granted, the party present must then file and execute or have a sheriff or constable serve the other party with court papers. If the party still does not respond, the party present can then ask the court for a writ of execution and take action to collect on the judgment. Finally, if the other party is contacted and agrees to appear in court, the party present can always file a motion for an order to compel the other party to appear. This means the court will order the other party to show up to the hearing or face legal action. This can be a helpful way to ensure that the other party shows up at the hearing and the case is heard.

Related FAQs

How do I collect a small claims court judgment from a business?
Are there any limits on the amount of damages I can be awarded in a small claims court case?
How do I calculate the amount of interest owed on a small claims court judgment?
Can I request a trial by written declaration in small claims court?
How much time do I have to file an appeal in a small claims court case?
How do I object to a witness or evidence in a small claims court hearing?
Can I request attorney fees in a small claims court case?
What happens if I disagree with the decision in a small claims court case?
What is the process for appealing a small claims court decision to a higher court?
What is the process for objecting to evidence in a small claims court case?

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

Related FAQs

Related Blog Posts