Legal Question in Civil Litigation in California
Filing fee and defendant in dispute
a) Is a filing fee always required when filing a small claims action?
b) What happens if a defendant in dispute before the small claims court does not appear at the hearing? what happens if the plaintiff does not appear?
3 Answers from Attorneys
Re: Filing fee and defendant in dispute
1. If you are poor enough you can fill out an Application for, and an Order Granting, a fee waiver. See www.courtinfo.ca.gov/forms.
2. If the defendant is served and does not appear, the court will rule based on the case put on by the plaintiff.
3. If the plaintiff does not appear, judgment will be entered for the defendant.
Re: Filing fee and defendant in dispute
The winning side is entitled to recover reasonable costs, such as the filing fee. The side who does not appear can ask the court for a hearing on the decision taken and often with a half way decent explanation for the non-appearance can have it set aside and either try the case right then or try to get a new date. Once you have a judgment, it can be difficult to collect on it.
Re: Filing fee and defendant in dispute
Filing fee always required to be paid otherwise you have get exemption/or waiver order sbmiting that you are poor and unable to pay filing fee. It advisable to consult some lawyer
If the defendant does not appear than the court will hear the plaintiff ex-parte.
If the plaintiff does not appear than the court may dismiss the case or decide the same in th absense of the plaintiff