QUESTION
Should you have to be present for the hearing in small claims court?
Asked on May 25th, 2015 on Personal Injury - North Carolina
More details to this question:
I recently moved to one state but I have a billing issue in another state and would like to sue someone in small claims court there. It is a long story, and I just want to know whether I will have to go back for the court hearing. Can I do it remotely?
12 ANSWERS
Edwin K. Niles
How can you present your case if you are not there?
Answered on May 26th, 2015 at 7:34 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
Check with the clerk of court in the county where the small claims action will be started. Some courts permit appearance by telephone for these things; others do not. You will probably be directed to ask the judicial officer to whom the case is assigned. Good Luck.
Answered on May 26th, 2015 at 4:12 PM
James Eugene Hasser
You would have to check with the Court in the other state, but my guess is that you would have to be there. Good luck.
Answered on May 26th, 2015 at 2:51 PM
Personal Injury Attorney serving Salt Lake City, UT
at
William Enoch Andrews Injury Lawyer
Update Your Profile
You can appear remotely by telephone or video conference; however, the remote appearance is usually required to be approved before the hearing. Otherwise, you have to appear in person. So, ask and get the court to approve a remote appearance well before the hearing date and do not miss it.
Answered on May 26th, 2015 at 12:16 PM
Ronald A. Steinberg
How will you prove your case? Obviously you should be there.
Answered on May 26th, 2015 at 7:42 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
You absolutely need to be there. Otherwise, it is calendar default.
Answered on May 26th, 2015 at 7:15 AM
Lisa Hurtado McDonnell
You have to be present in small claims court or represented by an attorney.
Answered on May 26th, 2015 at 12:48 AM
No. You must be present as the Defendant has the right to question you [often judges do not allow questioning but the defendant technically has to have the ability to do so]. ?Nor can you send a representative.
Answered on May 25th, 2015 at 11:46 PM
1 Award
You, or a lawyer representing you, will probably have to go to the state where the case is filed.
Answered on May 25th, 2015 at 11:44 PM
Personal Injury Law Attorney serving San Diego, CA
at
Law Office of Robert Burns
Update Your Profile
I refuse to be lulled into practicing with the law of another State. Seek your answer from an attorney licensed by that State.
Answered on May 25th, 2015 at 11:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You will have to appear in small claims as you cannot be represented there, in district court an attorney could handle it unless you are a necessary witness.
Answered on May 25th, 2015 at 8:07 PM
You must be present in court.
Answered on May 25th, 2015 at 6:16 PM