Small claims defendants are sued by plaintiffs and must appear in court. They can ask for dismissal or raise legal defenses. Defendants can file a Defendant Claim and must file an “answer” denying the claims. Mediation is an option before trial, but if no agreement is reached, the defendant must defend themselves in court. The defendant can also sue the plaintiff for damages, but only in the same case.
A small claims defendant is one who is sued in small claims court by a plaintiff. The laws typically require that the plaintiff submit a plaintiff complaint to the defendant, which is a copy of the complaint and an order for the defendant to appear for a court hearing. Defendants often have to appear at the court hearing to avoid having the case decided without them or to avoid losing the case in absentia. A defendant can ask the court to dismiss the case, and if the request is denied, the defendant can raise legal defenses to try to win the case. If the plaintiff is liable to the defendant for damages, the defendant can fight back by filing a Defendant Claim.
The small claims defendant’s first response after receiving a plaintiff’s request is often to file an “answer” by the specified date. The “Answer” is the defendant’s opportunity to deny the claims made against him by the plaintiff. It often doesn’t include legal defenses or detailed explanations, but rather a “Yes” or “No” to the claims, with brief specifics when necessary. The courts can pronounce a sentence on the defendant if a “No” answer is presented. A small claims defendant can then attempt to settle the case with the plaintiffs to avoid a court hearing. If both agree to settle the case, the parties will put the agreement in writing, sign it, and present it to the court on or before the day of trial.
Some jurisdictions require small claims court parties to participate in mediation prior to a trial. In jurisdictions where mediation is not mandatory, small claims defendants often attempt mediation when they need the help of a third party to reach a settlement. Mediation is the process by which an impartial third party, a mediator, seeks to facilitate a compromise between the plaintiff and the defendant. Some courts provide mediation services, but often for-profit and non-profit mediation services are also available to the parties. Many parties are able to avoid a hearing with the help of mediation, but if no agreement is reached, the defendant should prepare to defend himself in a hearing.
A small claims judge will often hear the defendant’s counterclaim or claim in the same hearing. The small claims defendant has the opportunity to sue the plaintiff for damages, but the defendant’s claim should not be used to raise legal defenses. Many jurisdictions require the defendant to argue in the same case, or he loses the right to sue the plaintiff at a later date.
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