QUESTION
small claims court: am I forced to appear in person in a small claims court 2,500 miles from home?
Asked on Jun 19th, 2012 on Real Estate - Idaho
More details to this question:
I sold a cheap piece of land without disclosing that I was selling it because the neighbor hates me.
The reason I sold it was that my piece of vacation heaven in Idaho could not be used by me without the neighbor coming up with new ideas to harass me each time I went there. I hoped it was personal (due to my heritage) and sold it dirt-cheap, just to get rid of it. And I sold it online, since traveling to Idaho is too expensive from the east coast.
The new owner feels that I cheated him on it by not disclosing about the neighbor and threatens to take me to small claims court unless I pay him $1,500 (full purchase price). Flying to Idaho to go to court would cost me almost as much.
Is there any way to defend yourself at small claims court without appearing in person, or are you always found at fault if you cannot show up in court, even if you live 2,500 miles away?
1 ANSWER
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Idaho rules for small claims allow the Plaintiff to file in the county in which the matter arose (in this case, apparently that would be where the property is located) when the Defendant (you) lives out of state. If the buyer really files an action, versus simply threatening one, then yes, the Plaintiff will get a default judgment against you if you do nothing, However, most courts will allow you to defend yourself over the telephone if you request it. You haven't indicated the location of this matter, so I cannot swear that the court you would be in would allow you to defend yourself by phone, but I suspect they would under the circumstances. You'd mail them any paperwork you wanted to use in your defense ahead of the hearing.
Answered on Jun 20th, 2012 at 2:08 PM