A small claims subpoena notifies someone that they are the subject of a case in small claims court and gives them the opportunity to respond. Before filing a case, a demand letter can be written. If a subpoena is received in error, contact the court immediately. The small summons provides information on the case and contact information for the plaintiff’s counsel. It is important to read the small claim carefully and gather information to back up arguments if the case goes to court.
A small claims subpoena is a formal legal notice advising someone that a case has been filed in small claims court and that person is the subject of the case. The subpoena is delivered to give people an opportunity to respond, either by consulting a lawyer and trying to reach an agreement before the court date, or by appearing in court to appeal the case. Failure to respond to a small summons will automatically result in a judgment being filed against you.
Before people take cases to small claims court, they are often advised to write a request letter. Demand letters clearly state the facts of the case, with supporting documentation, and then make a simple request, such as asking for restitution. The letter notes that if the request is not met, a lawsuit will be filed in small claims court. Many cases are resolved with such letters, as people may not want to face going to court. Such letters can be drafted with or without the assistance of an attorney and can also be used as evidence in the case.
When a case is filed in court, the contact information of the defendant is included. The person filing the lawsuit pays a fee to have the defendant serve the summons. If a subpoena is received in error, individuals should contact the court immediately to clarify the matter. Sometimes the processing servers identify the wrong person as the subject of a summons or other misunderstandings occur. It is important not to simply ignore the summons, but to respond to it and advise the court that the addressee of the summons was not the named defendant.
The small summons will tell the defendant that they are being sued and provide information on where and when the case will be heard in court. Contact information for the plaintiff’s counsel is provided so that the defendant can contact the attorney to discuss the matter, if he wishes. The document should also include contact information for the court, and people can submit documents in response to a small summons, including a request to move or change the court date if it creates difficulty.
A small claim should be read carefully to understand the case and what the plaintiff expects from having the case heard in court. Working out a settlement through lawyers may be the most cost-effective method of resolving the issue, but should the case go to court, respondents would need to gather information to back up their arguments. They can also call witnesses and have the right to examine witnesses and evidence given by the plaintiff.
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