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Defendant Does Not Appear If the clerk calls your case on the calendar and the defendant does not answer and appear, the court will direct an inquest. This means the judge or arbitrator will hear your case even though the defendant is not present.
If the defendant does not come to court, an inquest will likely be held and a decision made in favor of the Claimant (the person who filled the suit in Small Claims court).
The default judgment usually gives the plaintiff the right to collect the amount of money that was asked for in the complaint, plus interest and court costs. The judgment will appear on the defendants credit report, and it can be there for up to seven years if it is not paid.
Small claims court will not issue a warrant for your arrest if you fail to come to court. What could happen, though, if you dont call to let them know you cant get there, is that your landlord will ask for a default judgment. In other words, you can lose the case by default.
If a person fails to appear before a court, a warrant may be issued for their arrest. This warrant may be executed by law enforcement officers who will then bring the person before the court. Additionally, the court may impose penalties for failing to appear, such as fines or even jail time.
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If both parties fail to appear, then the court dismisses since the parties are not there to present their sides, and the judge order an order to dismiss the complaint, usually with prejudice which would mean that the plaintiff would be barred from refiiling on those same grounds again.
You can sue for pain and suffering on small claims court. Jurisdictional limit is $10000.00. Sue for that amount and the judge, after hearing all the evidence, ascertaining all your medical bills and injuries will make the determination as to how much you will get.
An appeal must be filed within 30 days from the service of the Judgment or Order appealed from. If a copy of the judgment or order is not served, there are no time limitations on the filing of the appeal. An appeal does not stay (stop) the execution of a judgment.

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