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Proper protocols in dealing with Defendant in Small Claims case

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komjj14

Junior Member
What is the name of your state (only U.S. law)? Connecticut

I am the Plaintiff in a small claims case and received my trial date from the court. The Defendant has been trying to reach me via telephone and leaving voicemails with no details as to the nature of their call.

Is is proper protocol for the defendant to go directly to the Plaintiff in this type of a situation? As I am representing myself I have no counsel to redirect them to and because I don't trust verbal communications outside of the courtroom, what should I do?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Connecticut

I am the Plaintiff in a small claims case and received my trial date from the court. The Defendant has been trying to reach me via telephone and leaving voicemails with no details as to the nature of their call.
Ok

Is is proper protocol for the defendant to go directly to the Plaintiff in this type of a situation? As I am representing myself I have no counsel to redirect them to and because I don't trust verbal communications outside of the courtroom, what should I do?
Perhaps you should talk to them? It's possible they want to settle this without going to court.
 

latigo

Senior Member
Some stuff learned.

More lawsuits are settled than those that go to trial.

A poor settlement is often better than a good lawsuit.

Settling a lawsuit saves face (often) and time (always); avoids hassles, risks, aneurysms, and is immensely pleasing to judges and courtroom clerks who aren’t paid by the case.

Settling a lawsuit requires communication between the adversaries.

(If I think of any more catchy profundities, I may or may not share them.)
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Connecticut

I am the Plaintiff in a small claims case and received my trial date from the court. The Defendant has been trying to reach me via telephone and leaving voicemails with no details as to the nature of their call.

Is is proper protocol for the defendant to go directly to the Plaintiff in this type of a situation? As I am representing myself I have no counsel to redirect them to and because I don't trust verbal communications outside of the courtroom, what should I do?
I agree with pretty much everything the other members have said here.

As you are self-represented, if the defendant wishes to attempt a settlement prior to going to court, they would have to be able to reach you to do that.

I'm not sure how long you have until the trial date, but you could return the call and tell them that they are not to call anymore, and that any further correspondence regarding the matter needs to be IN WRITING. If you do settle the case prior to trial, be sure to get all terms and agreements IN WRITING.
 

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