Q: I have a summons (Civil suit for debt under $8,000) and a 'Case Management Order' What can I do?
Actually my daughter and son-in-law are the plaintiff. They have verifiable mitigating circumstance and significant loss of income due to medical issues. Family is 2 adults and 2 children..... I just do not know enough to know what needs to be done to respond. They have a court date of 12/30. They are afraid there will be a garnishment levied and they do not have enough income to even pay their living bills.....Any advice would be great.
BTW- I am not financially able to assist them either.....my resources have been depleted in the same situation and with COVID....
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A: This is in Small Claims Court, which is designed for people without lawyers. The process is simpler than in any other court. They should definitely appear on the date scheduled, they will be advised to file a written answer, there will be mediation between the parties and a small trial later, if they do not settle during mediation. All on separate dates. If they have good defenses or counterclaims, they should be present to avoid default.
A: I think you mean that your "daughter and son-in-law are the" defendants (people being sued). If, as Ms. Kim has assumed, and this will be in small claims court, they can, at the scheduled pretrial hearing, make a settlement agreement to pay the debt over time (if the plaintiff agrees), or agree to the entry of a judgment. If they do the latter (judgment), it looks like they are probably exempt from garnishment.
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