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....
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
