Even if the defendant files a written answer, the defendant still must appear at the hearing. To prove your case, you should gather all the evidence, witnesses, papers, photographs, receipts, estimates, canceled checks or anything else that concerns your case and bring them to court with you.
Organize your thoughts. You can help yourself by being well prepared. Put events into a timeline: what happened first, second, third, etc.
This will help you make a clear presentation to the judge. You must bring everything that you want the judge to consider with you at the time of hearing. Anything not presented will not be considered. If you are using witnesses, make sure that they know the location of the courthouse and the time of the hearing. If a witness refuses to cooperate, you can obtain a subpoena from the court clerk. A subpoena is a command to appear at a certain time and at a certain place to give testimony on a certain matter.
Remember, this is a court of law, so be courteous. Dress appropriately for the occasion. Direct all of your statements to the judge.
Do not argue with the other party. Do not interrupt the judge. If both the plaintiff and the defendant appear at the hearing, the judge will ask the plaintiff to present his case and then ask the defendant to present his defense and also evidence and testimony to support any counterclaim he may have filed. If the plaintiff appears but the defendant does not appear, the court may enter what is known as a default judgment against the defendant.
This means that the plaintiff has won his case. The defendant must be prepared to provide evidence and testimony to support his counterclaim. Prior to the hearing, either party may ask for a continuance, which is a request to reset the hearing for a later date.
It is important that any such requests be made prior to the hearing and in writing. Also, if any party asks for a continuance, that party should notify the other party of the request. The prevailing party, the person who wins the lawsuit, is entitled to receive the costs of the action, including the costs of service and notice directing the appearance of the losing party and the costs of enforcing a judgment rendered in the action.
Answer WITH counterclaim if plaintiff's claim is Answer WITH counterclaim if plaintiff's claim is more than The court will; 1 waive the fees 2 set up a payment plan or 3 have you pay the fees. Completing both an Answer and Counterclaim allows you to state your side of the case, and also allows you to claim that the person suing you actually owes YOU something.
If you choose to file an Answer and Counterclaim:. Make and keep a copy or two for your records. Even without your response to the case, the judge could require you to attend mediation, participate in a trial, or otherwise respond to court orders. If you do not respond to the lawsuit and the court resolves the case in favor of the person suing you, you could suffer significant financial and legal consequences.
Mediation services are available from the Colorado Office of Dispute Resolution or from private mediators see listings in the Yellow Pages or look up local mediators on the internet. You should also make copies of the exhibits for the plaintiff s and for the judge. You must file your documents in the case in which the Court awarded a money judgment in your favor.
You may file if the Judgment Debtor has not complied with the Court Order, e. Instructions and forms to file for a Contempt Citation. Find a Self Help Center. Detailed Instructions.
Filing Fees. Service of Process. Outside Resources. If you do not understand this information, you may want to contact an attorney. On the other hand, permissive claims refer to any countersuit that is filed for events unrelated to the original suit. For example, if you are suing for lost wages for the time you missed during court proceedings, that would be considered a permissive claim. When you file a counterclaim, you are forcing the plaintiff in the original suit to act as a defendant.
To signify that there is a countersuit, the plaintiff is called a counter-defendant or a cross-defendant. You would be considered the counter plaintiff. When you file your counterclaim, you do not need a lawyer. Some states do not allow attorneys to represent either party during a small claims case. This ensures that both parties have an equal chance to be heard. Typically, people are aware of the disagreement that produces a lawsuit. However, there are times that you may believe that you will be sued and have not yet gotten served paperwork.
If you think that you are being sued, check court records in your jurisdiction. To find out what your jurisdiction is, call the city or county buildings of your area of residence.
The presiding judge in the case will be the final word regarding all attempts to contact. Basically speaking, if the judge believes that reasonable efforts were made to inform you, then the case can go on. If you do not find out about a case until after the judgment was made, you may be able to have that default judgment thrown out of court. Doing so will start the trial process over again. To file a counterclaim, first obtain the correct petition form from the clerk of court in the jurisdiction of the suit.
What the petition forms are called varies from state to state. To ensure that your counterclaim is heard, file it within the required time frame laid out by your state. In all states, you must file your petition in the same court that is hearing your original case. When you are filing a compulsory claim, you must file it against the plaintiff along with other documents pertaining to the original claim. If you do not file your petition as a counterclaim, you lose the ability to file a related suit of your own.
Compulsory counterclaims indicate you feel that the plaintiff is in fact at fault for a part of the damages. For example, in the case of a personal injury lawsuit, Sally might sue Mike for damages. However, if Mike feels that Sally is actually at fault, he can assert a compulsory counterclaim.
A compulsory counterclaim generally must be a part of Mike's initial response to Sally's action. Mike can't make that claim later on or in another lawsuit.
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