Q: I got a summons for small claims court. The paper didnt come to my address it went to my moms.
They said they have tried numerous times to contact me and I have only talked to them once. And haven't been able to get in touch with anyone since. Now I'm being sent to court.
A: There does not seem to be a question here but if you do not file an appearance with the small claims court within the specified 14 days, you will be subject to having a Judgment entered against you for the full amount being sought. If you think you may have a viable defense, you may wish to review everything with an attorney before filing that appearance but you would need to do so before that 14 day period is up to protect yourself. The attorney could not represent you in small claims court but can help you prepare your defense and point out any possible defenses you may not otherwise be aware of. If you are being sued for more than $750, another option for you is to simply demand a jury trial. That will force it to be removed from small claims court and your opponent will have to either drop it all together or step up and file a claim in regular circuit court where both sides can be represented by an attorney and where if they try to represent themselves, they will be at an extreme disadvantage if you have one. I have prevailed for my clients in the past precisely by forcing the other side out of small claims court, into regular court, and their not knowing or being able to handle all the correct procedures, motion practices, etc. Best of luck.
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