Legal Question in Civil Litigation in California
What is the worse case scenerio if I don't appear for a Civil Suit? My wife and I were served with a notice to appear notification and to be honest I really don't wabt to go and I can't afford to miss a day of work. If we just don't show whats the worse thats going to happen? It is our previous landlord taking us to court over a months rent and what I feel is wear and tear over the years, we were in the house for almost 10 years and we bought a house and moved out in the middle of the month. Now he want's to hold us accountable for everything he had to do. The house wasn't destroyed and like I said we lived there for almost 10 years. Thanks in advance, we live in Ca.
3 Answers from Attorneys
You need to appear at the time and place specified, with proof of the condition of the place when you left it. If you don't, then your landlord wins. It's just that simple. You landlord will take a default judgment against you for the amount that he requests from the court. This answer is simplified, but the point should be clear. Appear at court or your landlord will get a judgment against you for the amount he is asking of the court.
Judgment against you for whatever amount of damages, interest, attorney fees they are asking.
If this is a "small claims" case, there will not be an attorney fee award.
You should contact the landlord or the attorney and attempt to initiate settlement discussions, or take the time off and show up and defend yourself. You cannot be fired for being required to appear in court.
Otherwise, as the other attorneys have said, you will suffer a default judgment if you fail to appear. After that, you will have to pay the judgment, or let the landlord go after you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
