What happens if I am unable to attend the small claims court hearing?
If you are unable to attend the small claims court hearing in North Carolina, you have the right to file a written statement or affidavit with the court. This statement should explain why you are unable to attend the hearing. It can also provide brief details about your claim and your version of the facts of the case. If a hearing is scheduled in your case and you do not appear, the court may make a decision without hearing your side of the story. If the other party appears for the hearing, the court may hear their testimony and render a decision. When you are filing your written statement, you should also file a request for a new hearing date. You will need to explain why you were unable to attend the hearing in the first place and submit a written request for a continuance. The judge will decide if a continuance is warranted or not. They may provide a new hearing date or deny the request. If the judge grants the continuance, you will need to appear for the new hearing date. If you still can’t attend the hearing, you may request additional continuances. If a new hearing date is not granted, the court may still reach a decision without you present. This decision may be based solely on the evidence submitted by the other party. It’s important to note that any decision reached without your presence at the small claims court hearing may not be in your favor. Therefore, it’s important to do your best to attend the hearing if at all possible.
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