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 Wisconsin, you have a few options. The first is to ask the court to reschedule the hearing. You can also submit a request for a default judgment, giving you the opportunity to win the case without the other party present. If you are asking for a default judgment, you must prove to the court that you made a good faith effort to notify the other party of the hearing. You can do this by sending a copy of the hearing notice to the other party by certified mail. If you are successful in receiving a default judgment, the court may order the other party to pay damages or take other types of action. In some cases, the court may even order that the other party pay your legal fees. If the other party does not comply with the court’s order, the court could issue a warrant for their arrest, which could result in the party being taken into custody. In addition, if the other party fails to appear in small claims court, the court may also issue a penalty. Depending on the nature of the case, the penalty could include a fine, community service, or suspension or revocation of a professional license. It is important to remember that the consequences for failing to appear in small claims court in Wisconsin can be severe. Therefore, it is highly recommended that both parties adhere to the court’s orders and appear at the hearing.
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