Results 1 to 5 of 5
  1. #1
    Join Date
    Jun 2012
    Posts
    28

    Default Defendant Has Been Served, No Intent to Defend Filed

    My question involves small claims court in the state of: Maryland
    I filed against my neighbor in small claims for damage to my home, due to rehabbing of his property. He hasn't filed an intent to defend yet (he still has a couple months though), and i'm wondering if there is any way i can get out of having to show up in court on the day in question, if he doesn't file? when i filed the complaint i submitted all the evidence i had, with the exception of color photos of the damage and state of his property. Can he just show up without having filed an intent to defend? or can i file a motion that may grant me a summary judgement? I'd rather not waste my day at the courthouse if he can't be bothered to show up.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Small Claims: Defendant Has Been Served, No Intent to Defend Filed

    and i'm wondering if there is any way i can get out of having to show up in court on the day in question, if he doesn't file?
    You never have to show up but if you don't show up, you aren't getting a judgment in your favor, regardless of what the defendant does. Since the onus to prove your case is on you, why would you think you could somehow obtain a judgment in your favor if you don't even show up to present your case.

    Can he just show up without having filed an intent to defend?
    if the court sets a date, sure

    or can i file a motion that may grant me a summary judgement?
    I don't know if your state even allows for a summary judgment in small claims by the plaintiff. Check your states rules of civil procedure.


    I'd rather not waste my day at the courthouse if he can't be bothered to show up.
    if you want to attempt to get a default judgment, you need to be there. If you don't show up, the courts aren't going to do anything with your case other than possibly dismissing it.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Small Claims: Defendant Has Been Served, No Intent to Defend Filed

    Quote Quoting Farleyboy007
    View Post
    Can he just show up without having filed an intent to defend?.
    Most likely .... I think that you could ask for an adjournment to consider his pleadings ... after all they would need to be reviewed.

    No way to get out of a personal appearance.

    Wasting time in court is part of the process.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Defendant Has Been Served, No Intent to Defend Filed

    Read this.
    Quote Quoting What if the Defendant Ignores the Complaint and Summons?
    If you requested Affidavit Judgment, and the defendant fails to respond to your Complaint, you might receive your judgment without having to appear for trial. The court will simply send you a notice confirming the date on which the judgment was entered, the amount of the judgment, and any additional amounts found to be due from the defendant such as court costs or interest.

    However, the judge may find that you have not presented enough proof of your version of the case. If the judge declines to sign the order entering the judgment, you will be notified of a new trial date on which to appear and present your evidence.

  5. #5
    Join Date
    Jun 2012
    Posts
    28

    Default Re: Defendant Has Been Served, No Intent to Defend Filed

    Affidavit judgement! that's what i was looking for!!! Thanks Aaron!

    Also, i was not trying to get out of court altogether, i hope this guy does show up to be honest. However, i don't want to waste my day presenting everything i already sent to the court in my initial complaint, if there is no reason to.

    - - - Updated - - -

    Well, he filed his intent to defend anyways. does he have to submit any evidence or whatever with his intent to defend? i don't get blindsided with his "expert witness" at trial, do i?

    1. Sponsored Links
       

Similar Threads

  1. Default Judgment Given Without Defendant's Being Served
    By lonewlf in forum Cars and Dealerships
    Replies: 3
    Last Post: 05-27-2012, 09:50 PM
  2. Victims Rights: How To Get More Serious Charges Filed Against a Defendant
    By jay44 in forum Criminal Procedure
    Replies: 6
    Last Post: 01-17-2011, 01:32 PM
  3. Default Judgments: Default Judgement Awarded 4 Years Ago, Never Served, Not the Correct Defendant
    By jch2610 in forum Civil Procedure
    Replies: 1
    Last Post: 08-27-2010, 02:24 AM
  4. Service of Process: Defendant Is Going To Lie About Not Being Served With The Plaintiff's Claim
    By quantass in forum Civil Procedure
    Replies: 1
    Last Post: 12-14-2007, 05:08 AM
  5. Debt Collectors: Defendant Pays After Summons Served
    By Tony E. in forum Debts and Collections
    Replies: 1
    Last Post: 12-05-2007, 07:37 AM
 
 
Sponsored Links

Legal Help, Information and Resources