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What happens when the person I am suing doesn't show up in court?
Anonymous1 views4 answers
I am about to take a former friend to small claims court for an unpaid loan. I want to send him a certified "demand" letter, but I am pretty sure he may have moved and I don't know his new address. What if he claims he never received the demand letter, or the court date? What if he doesn't show up in court? How will he know that there is a court order to pay me my money back? I have his license plate number, is there a way to find out where he is registered, so I know for sure that he will receive my letter?
I agree with the previous answer, you generally need to serve the defendant by personal service (meaning someone other than you personally delivers it to him) or use the certified mail option discussed above provided he signs and returns the form. Either way, you need to find him and have a good address for service.
You can find a search firm online to do an address search and find his new address. For your demand letter, you can send that to his old address. It's possible that he has his mail forwarded and will receive it. There is no legal reason why the demand letter needs to be sent via certified mail. The purpose for sending the letter is to let him know you will sue if he does not pay. For that purpose, I would send the letter to his last known address using first class-mail but NOT certified because there is a good chance he will receive the letter via mail forwarding. In the mean time, after you send the demand letter, you can locate his new address and even send the demand letter again if you find a better address.
You must prove to the court that you properly "served" the defendant. If you properly serve him and then he doesn't respond or show up in court you can make a motion for a default judgment. Then you will have to take steps to enforce the judgment.
If you don't serve him properly and provide proof of same, you cannot move for a default and your options are severely limited.
If you would like to discuss this matter further, please feel free to contact my office.
Peter J. Lamont, Esq.
Law Offices of Peter J. Lamont
146 Florence Avenue, Hawthorne, NJ 07506
Phone: (973) 949-3770 Fax: (866) 603-0471
Toll Free: (855) NJLAW01 (855) 655-2901
www.peterlamontesq.com
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You are going to need his address in order to sue in small claims court. The court clerk can serve the small claims plaintiff's claim form via certified mail, but the defendant must sign the return receipt in order for the service of process to be effective.
The court will need you to file a proof of service showing that the defendant was properly and timely served, or alternatively, a proof of service with the original certified mail return receipt.
An attorney or a private investigator should be able to conduct a public records search to ascertain his most current address.
Jeffrey Harlan PenneysPersonal Injury LawyerPhiladelphia, PA ·
If the other party was not served with the lawsuit, then they do not have to show-up. If they were served (usually by a local sheriff), then they do have an obligation to appear and if they don't, a default judgment should be entered.
