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Re: Do we need a lawyer?


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Posted by lawguy (207.68.86.95) on March 21, 2003 at 11:09:55:

In Reply to: Do we need a lawyer? posted by Sherry on March 21, 2003 at 11:00:36:

I would suggest hiring an attorney, but since this is small claims court you could do it yourself.

If you submit your Answer to the court and to the plaintiff's attorney within the specified time, that constitute's your "appearance." Default judgment would not be entered. If you fail to Answer within time, then the plaintiff could seek a defautl judgment based upon your failure to respond.

Yes, eventually, you will probably have to go to court, but again this is only small claims court in front of a magistrate, not "real" Court in front of a full-fledged trial judge. You won't have to go to court the day you submit your Answer, but you will likely receive notice to appear at court sometime after you answer. Unless the plaintiff decides to dismiss his complaint.


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