Small Claims General Info.    Preparing Your Case   Going To Court   Collecting    Home

If a defendant (the one being sued) is absent, the Judge will probably grant a "default judgment", which means that the plaintiff has automatically won.

Prior to beginning all cases you will be sworn in by the Bailiff. This swearing in ceremony will include all parties to cases which are scheduled on the evening you are present. Each side gets a chance to present testimony and evidence. If you filed the suit, you are the plaintiff and you present your case first. Include all relevant facts and be sure to state the amount you are claiming and explain how you arrived at this amount. Show the Judge any documents or other evidence you have.

The defendant will have a chance to question (not argue) you on any points you have raised in your testimony. The Judge may also ask questions to clarify the case.

The Judge will usually NOT make a decision at the end of your case. He will take the case under advisement and render a decision in writing. The judgment of the Court will then be typed by the Clerk’s office and a copy will be mailed to you.

A decision in favor of one party or the other is called a "judgment", and is entered in the court’s record. The judgment entry mailed to you will indicate if you have won or lost. The judgment entry will also set the amount of your judgment, i.e., how much money you are entitled to collect from the defendant.