Win by default

[cheesecake46580]

What is the name of your state (only U.S. law)? Indiana
I went to small claims today. The OP did not show. She had good service by the sherif. The judge said that I won the case because she did not show and then said I needed to file the paperwork for the court to collect. She we will have another hearing for that. She is self employed so I supena her last 2 years tax forms, bank statements and daycare records. He said she has a year to appeal?

1. what could the judge do to collect this debt
2. how would she be able to appeal if she did not show
3. what happens if she don't show for the next hearing?

 

[sandyclaus]

What is the name of your state (only U.S. law)? Indiana
I went to small claims today. The OP did not show. She had good service by the sherif. The judge said that I won the case because she did not show and then said I needed to file the paperwork for the court to collect. She we will have another hearing for that. She is self employed so I supena her last 2 years tax forms, bank statements and daycare records. He said she has a year to appeal?

1. what could the judge do to collect this debt
2. how would she be able to appeal if she did not show
3. what happens if she don't show for the next hearing?

The court does not collect your judgment, YOU do that.

The purpose of this hearing is to discover assets and monies held by the judgment debtor that will be available for you to collect from. Your role in the hearing to question the judgment debtor about such assets and monies in front of the judge, then you can use this information to pursue collection on your own.

If you do not appear, then you lose the ability to question the judgment debtor on what can be collected from them to satisfy the judgment.

There is no appeal to this hearing as it is purely informational and no ruling or judgment would be determined here, only collection of information.

If the judgment debtor does not show up for this hearing to answer questions about her assets, its possible that the judge will issue a bench warrant against them in the amount of that judgment. If they are ever pulled over, arrested, or a law enforcement officer discovers the existence of such a warrant, she could be arrested and forced to pay that warrant off or appear before a judge for that missed hearing before being released.

 

[cheesecake46580]

What kinds of things can I ask the court to do to help collect the money I am owed?