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Small Claims Default

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Dannno50

Junior Member
What is the name of your state? Michigan
A default judgment has been issued against me here in Small Claims at a local District Court. I somehow missed the courts origanal summons and simply got judgement notification. I was unaware of any such debt at all and foolishly ignored the process. As manager at large service company we always had to provide a signed bill or some evidence of our claim. So, my thought at the time was how can this be.
The person involved cannot have any evidence of any kind of a transaction. The judgement was only for two hundred bucks and I was somewhat inclined to just pay and move on. I have made mistakes but could not recall any kind of a transaction with this person. However perhaps just gossip but the same person has done this to other people. So now its ticking me off. I am thinking after reviewing some other the other postings my time, may have run out. I wonder what the cost of a proffessional appeal might be.( ballpark )
I started a small service business two years ago and am just hitting a decent stride. I just can't find the time to fight back. Yes I have learned my lesson, I certainly pay better attention to the household mail. The question is how can make an appearance in small claims court without making an appearance. Heven forbid how can you ward off this kind of a claim without an appearance in court.
 
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Hot Topic

Senior Member
You didn't show up in court, so you lost the case by default.

You can try appealing; however, not paying attention to the household mail is not much of a excuse.

You shouldn't try and "recall" a transaction. You should have it recorded.

You're not going to last long in business if you don't get organized.
 

dcatz

Senior Member
The question is how can make an appearance in small claims court without making an appearance.
The answer in your state is that you can't unless it's a payment/accounting claim against your company. Attorneys aren't allowed in SC in your state, but you could authorize a bookkeeper/accountant to appear in the appropriate instance. Someone with direct knowledge of your record-keeping procedures could be a witness.

The prior response is blunt but valid and, if a half a day of your time is not worth $200, you might consider this a lesson learned and move on. That may be a hard pill to swallow, but litigation "on principle" is seldom, if ever, worth the financial and emotional toll. On the other hand, if you know the judgment is baseless and can prove it, it's another matter.
 

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