Money & Debt

Worried about doing this on your own?  You may be able to get free legal help.

Part of the Expungement & Sealing library, sponsored by Latham & Watkins.

Being sued in small claims court and changing the court date

If you are sued in Small Claims Court, you will be told about the lawsuit by getting a copy of the Complaint and Summons. This is called service of process, and it will come from one of the following:

  • The sheriff,
  • A special process server, or
  • Certified mail.

The Summons must be given to you or someone that lives with you. The Complaint will tell you why you are being sued, and the amount the plaintiff is suing for.

The Summons will tell you where and when to go to court. This is called the return date. You should file an appearance, or appear in court in person, or by call or video call, if your summons says so. Otherwise, a default judgment may be entered against you.  If you lose the Summons, call the circuit clerk in the county where the case was filed, and ask when your return date is.

Changing a small claims court date

If either party has a very good reason for missing court on the return date, then they can ask for the date to be pushed back. This is called a continuance.  

Learn more about Changing a court date.

Last revised by staff
October 13, 2020

Comments & Ratings

Rate
No votes yet

Only logged-in users can post comments.  Please log in or register if you want to leave a comment.  We do our best to reply to each comment. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help.

Worried about doing this on your own?  You may be able to get free legal help.

Part of the Expungement & Sealing library, sponsored by Latham & Watkins.