I've been sued in Small Claims Court, what do I do?
Mar 20, 2015, 19:18 PM
I am being sued in Small Claims Court. What do I do?
If you are sued, you will be notified when you receive a copy of the Small Claim Complaint and Summons in one of two ways.
The complaint will tell you the reason you are being sued and the amount claimed. The summons will tell you when and where to file your "Appearance" if you contest the claim. Either show up in court or file an appearance before the court date on the summons.
When sued, you may choose to do any one of the following things:
1. Admit you owe the plaintiff all of the amount claimed.
2. Deny you owe the plaintiff all or part of the amount claimed by filing an "Appearance" with the clerk before the "Return Day" and mailing a copy to the plaintiff.
3. File a lawsuit against the plaintiff called a counterclaim if you believe the plaintiff owes you money in connection with the reason he claims you owe him the money.
4. Settle the dispute out of court.
If you contest the plaintiff's claim in whole or in part, you must file an "Appearance" with the Clerk of the Circuit Court and pay the "Appearance" fee before the "Return day". The trial is automatically set for the 14th day after the "Return Day," at the same time (9:00 a.m. or 1:30 p.m.) as the summons was returnable. On the trial day a judge will listen to both sides of the case and render a decision.
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