How do I know if I should appear in person in a small claims court case?
If you have been served with a small claims court summons or complaint in West Virginia, you need to decide if you should appear in person for the court hearing. Generally, it is ALWAYS better to appear in person if you are the defendant. Doing so will help ensure that your rights are protected and that you understand the process. If you do not appear in person, the court can enter a judgment against you without hearing your side of the story. First, consider if you have a valid defense against the plaintiff. If the plaintiff does not show up or does not have valid claims, you should definitely go to the hearing and explain this to the judge. You can also present evidence and witnesses that may support your defense. Next, think about whether it is necessary to go in person. If you are the plaintiff, it’s usually a good idea to reach a settlement without ever going to court. If that’s not an option, then appearing in person is usually necessary. Finally, determine if you need to be represented by a lawyer. In West Virginia small claims court, both parties can be represented by a lawyer, but it is not required. If you choose to appear without a lawyer, be sure to bring all the evidence that could help your case, such as witness statements, contracts, and documents related to the dispute. In the end, whether you should appear in person in a West Virginia small claims court case comes down to your individual situation. If you are uncertain, it’s always best to consult with a lawyer to determine the best course of action.
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