Q: Small claim court judge skipped the default hearing & set it for bench trial, why didn't they move forward with hearing?
Small claims court never got a response from plaintiff, so I filed the necessary paperwork which was the paperwork for the default hearing. The plaintiff showed up for the default hearing and the judge resets it for a bench trial. my question is why wasn't a default hearing given and why weren't they made to show good reason as to why they didn't show up after they were served with the order by the constable?
A: A default is usually only granted when a party clearly shows a deliberate intent not to defend or prosecute a case. The plaintiff appearing at your hearing indicates the opposite.
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