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?
1 Answer from Attorneys
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!