How do I know if I should appear in person in a small claims court case?
When it comes to appearing in small claims court in Virginia, there are some important things to consider. If you are the plaintiff, or the person filing the claim, you must appear in person. If you are the defendant, however, you do not necessarily have to appear depending on the circumstances. If you are the defendant, you have the option to respond to the case in writing and to have a representative appear on your behalf. You may also submit an answer to the complaint in writing and appear at the court date to present your defense in person. If you are the plaintiff and you win your case, the court will not be able to order the defendant to pay the money if they are not present. Because of this, it is important to make sure the defendant is aware of the date and time of the court hearing so that they have an opportunity to appear and explain their side of the story. It is important to remember that by law, both parties are required to appear in court if the defendant is present at the court date. However, if you are unable to attend, you can contact the small claims court clerk to make arrangements for the hearing to take place at a later date. Ultimately, the decision of if you should appear in person for a small claims court case will depend on the specifics of your situation. If you have any questions or concerns, it is best to seek the advice of an attorney.
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