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Tips for Defendants
2. Counterclaim: If the defendant wishes to assert monetary damages against the claimant, the defendant can bring a counterclaim. Up to five days after the defendant receives the Notice of Claim in the mail, the defendant can file a counterclaim with the small claims clerk by filling out a Notice of Counterclaim and paying $3.32. After five days have passed, the defendant can file a counterclaim on the court day or night for $3. If the counterclaim is filed on the court day or night, the claimant (or counter-defendant) will most likely ask for and be granted an adjournment so they can prepare a defense to the counterclaim. 3. Preparing and Presenting a Good Defense: The burden
to make a small claims case is on the claimant. Essentially,
the defendant could say nothing and still be found not
liable for any damages. However, it is prudent for defendants
to anticipate the claimant's case and to gather evidence and witness
testimony to counter the claimant's argument. Defendants should
also prepare a narrative and practice the presentation of their
defense. If the defendant brings a counterclaim against the claimant
(or counter-defendant), the defendant or counter-claimant has
the burden of proving the counterclaim. 4. Vacating Default Judgments: Default judgments are
typically entered against a defendant who has either arrived too
late or has chosen not to go to a hearing at which he/she is being
sued. If a default judgment has been entered against the defendant,
the defendant can request that the court vacate the default judgment
and set a new date to re-hear the claim. To vacate the default
judgment, the defendant generally needs to file an Order to
Show Cause form with the small claims clerk and demonstrate,
with an attached Affidavit that there is a "meritorious
defense" and an "excusable default." 5. Satisfying Judgments: Defendants (and Judgment Debtors) who are willing to pay judgments that have been awarded against them are often concerned that they will have no "proof" that they satisfied their small claims judgment. Clients in this situation should obtain an Affidavit Upon Payment of Judgment form, fill it out, have it notarized, keep a copy and file the form with the Small Claims Court. Go to OTHER INFORMATION
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