Small Claims Court..Do I HAVE to go?

Question

I heard from a friend that I was being sued by our mutual friend (my ex-friend) for 500 dollars. I have not received any official papers in the mail, but I'm sure they will be arriving soon. I'm going to pay the money in a few days and probably before the papers arrive..will I have to still go to small claims court???

Answer 1

Yes sir. If you receive a Subpoena from a court you should always go. If you payed your ex-friend be sure to pay him in the  form of a check, money order or something that you can show to the courts that the debt has been paid. If you fail to appear the court can issue a warrant for Failure to Appear.

Answer 2

If you are served with the papers you will be given a certain number of days to respond to the accusations.  If you pay the money before any court date is set then you will probably need to go or have an attorney go for you to make sure you are represented.  Bring a receipt to show you paid your debt.  If you fail to appear in civil court then you could have a judgment levied against you in your absence.

Contact your former friend and tell them you plan to pay them back.  Maybe they will hold off on the service a little longer to give you a chance to pay and save both of you a headache.

Answer 3

wow no you don't need to go but if you don't show a default judgement will be awarded. Pay by a means that is tracable and even if paid show up to provide proof.

Answer 4

If you get subpeoned you have to go.   Just make sure you bring proof of your payment.

Answer 5

If you do not receive papers, you do not need to go, however, it would be a good idea to go anyway and point out to the judge that while you are there, you weren't served properly.

If you do receive papers, you should show up.  If you don't, you will automatically lose the case and the judge will pronounce settlement.

If you pay the money your friend is asking, he should end the case.  Make sure you get a receipt and a signed agreement from your ex-friend that your payment ends all legal action for this problem.

Answer 6

If you have received no subpeona, then don't go. If you are paying your debt make sure you get a signed and dated receipt with names printed as well as signed. If possible have a witness present for the receipt. Pay with a postal  money order since they are traceable.

Answer 7

You heard that one friend said another is suing you. Since you have received nothing to prove this statement, there's no way of knowing if it is even true. Yes, you need to go if you get the papers. If you don't go, your friend wins by default.

If your friend is suing you for the money you owe, chances are it's for more than the 500 dollars you owe. They can tack on more money at this state. Adding interest, within reason, and adding in court fees and attorney fees. You could end up owing quite a bit more.

It would be interesting to say the least, if there is proof of this loan? If there were witnesses or any form of signature on it? Was there a date to be paid back, was there anything written about how it was to be paid back?

This could be a scare tactic to make you pay. Which you should have done anyway. You call the person a friend, and now ex-friend. But to borrow money and then not pay it back in a timely manner that was agree'd upon is not what a good friend does.

Let this be a big lesson for you within your life. Do not loan nor borrow money from friends ever again. Friendship cannot stand up to it very well. If you have any part of the money, go and pay it to your friend today, making certain you get a receipt with it. This shows you to be trying to make an effort and if it does go to court, a judge will see that you are now trying. The judge may also ask you why you took so long and there won't be many excuses that will stand up. Unless you've been in a comma during this time, or on life support. Small payments should be started the week after the loan was issued. Anything to make it up to your good friend who loaned you that kind of cash. I don't know many who would loan out that kind of money, even to their best of friends. I'd also give this ex-friend of yours one heck of an apology. They deserve one by now.