What happens if I do not show up for my small claim court hearing

If you are involved in a small claims court case in California, it is very important to show up for your scheduled hearing. Whether you are the one suing (the plaintiff) or the one being sued (the defendant), not attending the hearing can lead to serious legal problems. In article guide, we will explain what can happen if you do not show up for your small claims court hearing in California and what options you may have.

Consequences for the Plaintiff

If you are the plaintiff, the person who filed the small claim case, missing your small claim court hearing can lead to your case being dismissed. This means you may lose your chance to have the court hear your case. The possible outcomes are:

Case dismissal without Prejudice

If you do not show up for the small claim hearing, the judge may dismiss your small claim case without prejudice. This means that you can file the small claim case again later, but you will have to start the process all over again. You will need to pay the filing fees and properly notify the defendant again, which can be costly and time-consuming.

Case dismissal with Prejudice

In more serious small claim cases, especially if you miss multiple hearings or do not take your case seriously, the judge might dismiss your case with prejudice. This means you cannot file the same case again in the future. In California small claim courts take missed hearings very seriously, and if you do not show up more than once, it may seem like you are not really interested in pursuing your case.

Financial Loss

When your small claim case is dismissed in California, you could lose any filing fees you've already paid. In some cases, the court may even order you to pay the defendant for any travel expenses or other costs related to the case. Even if your case is dismissed without prejudice, losing money and time can be very frustrating.

Legal reference for Plaintiffs

According to California Code of Civil Procedure § 581(b), a court can dismiss a case if the plaintiff does not show up for the hearing. This law gives the judge the power to dismiss the case under various conditions, including when the plaintiff is absent.

Consequences for the Defendant

If you are the defendant, the person being sued-and you do not show up for your small claims court hearing, the consequences can be even more serious. Here is what could happen:

Default Judgment

If you, as the defendant, fail to appear in small claim court, the judge can make a default judgment in favor of the plaintiff. This means that the plaintiff automatically wins the case, and the court may give them everything they asked for, whether or not their claim is valid. Since you aren't there to defend yourself, the court assumes the plaintiff's claim is correct.

Enforcement of judgment

Once the small claim default judgment is made, the plaintiff can take steps to collect the money the court awarded them. They might try to collect the money by:

• Garnishing your wages (taking money directly from your paycheck).
• Taking money from your bank account.
• Placing a lien on your property (claiming part of your property until the debt is paid).
• The plaintiff might also hire a collections agency to help collect the money.

Limited ability to overturn the judgment

If you miss your small claim hearing in California and the court makes a default judgment against you, you might still have a chance to cancel (or "vacate") the judgment. To do this, you will need to file a motion to set aside the default judgment, in which (Form SC-135) needs to filled. However, you must have a good reason for missing the hearing, such as not being properly notified about the case or having an emergency. If the court agrees with your reason, they might reopen the case. But this is not guaranteed, and you need to act quickly to file the motion within 30 days.

Legal Reference for Defendants

According to California Code of Civil Procedure § 585, if the defendant does not show up, the plaintiff can request a default judgment. The court can then make a decision without hearing the defendant's side of the story.

What to do if you cannot attend your hearing?

If you realize that you would not be able to attend your scheduled hearing in California, there are steps you can take to avoid the negative consequences:

Request a Continuance

The best thing to do if you cannot make it to your hearing is to ask the small claim court for a continuance. This means you are asking the court to postpone the hearing to a later date. You will need a good reason, and you might have to file the request in advance of the hearing. If the court agrees, your case will be rescheduled, giving you more time to prepare and attend the hearing.

Submit a written declaration

In some cases, if you absolutely cannot attend the small claim hearing in person, the court might let you submit a written declaration. This is a written statement where you explain your side of the case. However, not all small claim courts allow this, so you need to check with the court to see if this option is available.

Seek Legal advice

Although small claims court usually does not allow lawyers to represent you during the hearing, you can still talk to a lawyer for advice. A lawyer can help you prepare your case or explain what to do if you cannot attend the hearing. This can give you a better idea of your options and how to protect yourself.

For Plaintiff: If you are the plaintiff and you do not show up at small claim hearing, your case might be dismissed. You could lose the chance to pursue your claim, and the court may even make you pay the defendant's costs.

For Defendant: If you are the defendant and you do not show up at small claim hearing, the court may enter a default judgment against you, which could lead to you owing the plaintiff money, having your wages garnished, or other financial consequences. If you cannot make the hearing, you should request a continuance or try to submit a written statement, but you need to act quickly to avoid serious problems.

Conclusion

In the state of California not showing up for your small claims court hearing can result in serious legal consequences. If you are the plaintiff, your case might be dismissed. If you are the defendant, the court might make a default judgment against you, and you could be ordered to pay everything the plaintiff is asking for. To avoid these problems, always try to attend the hearing, or contact the court as soon as possible if you cannot make it. If attending the hearing is not possible, you should ask for a postponement or consult a lawyer for help. Taking action early can prevent major legal and financial difficulties later on.