Legal Question in Civil Litigation in California

bogus small claims part 2

Thanks for all that responded to my previous dilemma. I have taken all your advice as well as the insurance companies and numerous small claims advisors and have decided the best course of action is to not show up for the small claims case. As I mentioned before, the plantiff has NO PROOF whatsoever.I believe in this fine country we are innocent until proven guilty. Therefore I shall give him a chance to prove it. Is a no show by a defendant an automatic default judgement even with NO proof? Thankyou, Kimberly


Asked on 6/20/02, 8:31 pm

1 Answer from Attorneys
Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: bogus small claims part 2

Holy cow, Kimberly! Is somebody really advising you not to bother showing up in your case? If a plaintiff has properly filed a complaint and properly served it upon you, and you have not answered and don't show up in court, YOU LOSE!

It does not matter whether he has any evidence to support his claim or not . . . YOU LOSE!

"Innocent until proven guilty" applies to criminal law, not civil law, as you are dealing with here. If you don't show up, the plaintiff doesn't have to prove anything . . . it is automatic . . . YOU LOSE!

You need to appear and defend yourself - even if only to say to the court that the plaintiff has nothing to support his allegations. This will not go away if you ignore it!

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Answered on 6/22/02, 1:59 am


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