How do I obtain a default judgment in a small claims court case?

A default judgment in a small claims court case in South Carolina is when the defendant does not respond to the lawsuit. In order to obtain a default judgment, the plaintiff must file a request with the court that the defendant has not appeared to contest the case. The plaintiff must then serve notice to the defendant of the default request. Once the defendant has been served, they have 20 days to file an answer or respond in writing to the court if they do not wish the plaintiff to receive a default judgment. If the defendant does not respond, the plaintiff can move forward with their request. The plaintiff will have to make a sworn statement to the court that the defendant has not responded to the request and the plaintiff will then file a motion for the court to issue a default judgment. The court will review the plaintiff’s documents and then make a decision. If the court grants the default judgment, the monies that the plaintiff requested must be paid by the defendant. If the defendant fails to pay, the plaintiff can take further action to collect the debt. It is important to note that if the plaintiff does not follow the proper procedure, the court may reject the default request. It is best to work with a qualified lawyer to ensure that you follow the correct steps and obtain the default judgment you are requesting.

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