How do I obtain a default judgment in a small claims court case?
In Rhode Island, the process for obtaining a default judgment in a small claims court case is relatively straightforward. If you have filed a lawsuit against another party and they have not responded within 20 days of being served with the lawsuit, you can request a default judgment. Before proceeding, you must ensure that you followed the proper legal procedures and labeled your lawsuit properly. In Rhode Island, claims must include the defendant’s name, address, and other identifying information (such as the case number). Next, you must obtain and file the appropriate paperwork. Generally, this includes a “Request for Entry of Default” document, which is a form requesting that the Court enter a default judgment in your favor. Once this paperwork has been filed, the Judge will review the case and decide whether to issue a default judgment. If the Court does enter a default judgment, it is only valid for one year. The defendant has the right to appeal within this time frame. If the defendant does not appeal the judgment, it becomes a court order that must be followed. In order to make sure that the defendant is aware of the Court order, you must serve them with a copy of the judgment. You must also follow any other legal requirements that may include filing additional paperwork or obtaining a court-ordered payment plan. Failure to comply with the court order may result in penalties.
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