Legal Question in Civil Litigation in Connecticut

defendant moved out of state

What happens in a small claims case if

the defendant moved out of state prior

to the hearing? Does the case get

transferred somewhere or does the

defendant have to appear anyway?


Asked on 3/28/08, 12:44 am

1 Answer from Attorneys

Erik Roberts Barber & Roberts LLC

Re: defendant moved out of state

If the suit was started, and the defendant received notice that he or she was being sued, then the suit can go forward and you can get whatever result you are due. The defendant, properly sued, cannot escape the case by moving out of state. His or her departure may, on the other hand, make it more difficult to collect a judgement in the event you win. These types of questions can be directed to the small claims clerk. The clerk cannot provide legal advice, but the clerk usually will let you know what the rule is for any given situation. If the defendant fails to show at the hearing, then you win and will be awarded whatever you show you are entitled to.

Good luck!

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Answered on 3/28/08, 11:41 am


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