Thursday, February 4, 2010

What if your adversary doesn't show?

If your adversary is not there, your case will probably end right there. If you are a plaintiff, you will be able to get a default (other party didn't appear), and the clerk will tell you how you must proceed in order to get something called a default judgment (court has now ruled in your favor).

It sounds strange that the process is two steps, but it's meant to protect the defendant who does not appear but gets themselves figured out quickly. It's also meant to make you prove your case to a judge before you get a judgment, which is a public record and can have severe effects on a person's credit.

A judgment is a document that says that someone owes you money. That's all it does. You will actually have to collect on the judgment yourself, which is a whole other topic for another day. It's not simple, and requires a fair amount of paperwork.