QUESTION
Is it possible to file for a small claims in which the party does not have to present to court?
Asked on Jul 16th, 2017 on Breach of Contract - Indiana
More details to this question:
I am from another state and hired a photographer for a session (paid in full prior). On the agreed upon date, she failed to communicate a time to meet though I made several attempts to contact her. I am trying to get a refund and she has not replied to my email or texts. It would not be possible for me to come back to the state of the incident for a court hearing. What other options do I have?
1 ANSWER
It is theoretically possible to litigate a case without ever appearing in court, but as a practical matter you really can't do that with a amsll claim because (a) it isn't generally worth hiring a lawyer to represent you; and (b) you need at least one witness to prove your case. Documents are not enough because, even assuming that they are admissible evidence, someone needs to testify that they are authentic.
Answered on Jul 17th, 2017 at 8:20 AM