Will he show up to court?

[adaya]

i have a small claims court date in the morning, im the defendant. the guy who is suing me i just found out is in jail and will be for the next few months. does the case get dismissed and judged in my favor. or just dismissed because he cant show up, or will they escort him from jail to be at the disposition?

[nickson]

The case will probably be adjourned until he gets out of jail.
I doubt if they would go to the trouble of transporting him from jail for small claims court, and as he has a valid reason for not being there the judgment wouldn't automatically be in your favor, nor would it be dismissed

[syvwkh]

This is a small claims matter, nobody will escort him from jail. If he set up mail forwarding properly he will be notified of the court date/deposition. All he can do is have an attorney appear on his behalf as this is a civil case. If he has no money, most likely the judge will enter a default judgement against him, if you actually have a case and all your paperwork is in order.

How do you have a small claims case with a deposition??? What state do you live in?

His attorney won't be able to testify on his behalf at the deposition, so your only choice is to have the deposition at the jail where he is being held.

[barraq]

Not disposition, it is called deposition or declaration of testimony written under oath in the present of a lawyer recorded under the authority of a police officer to be later use in court.

In the court of law, every accuse has the right to face his accuser. And in your case, even if the one who sued you are presently in jail, the court will ask for a subpoena for the appearance of the guy who sued you and bring his a-s-s in that court and face you. So do not be complacent that everything will be postponed or dismissed or judged in your favor. Do not open the champagne bottle too early yet. He will be escorted from jail to the court and the judge will hear the case.