Legal Question in Personal Injury in California

I'll be the plaintiff tomorrow in a small claim court in California. The defendant are at 100% fault and I have all the evidents needed. There's gonna be a judgement afterwards. Here's my question. What if the defendant doesn't show up, or he can just be disappeared from the world. If this happens, is that means I lost everything?


Asked on 12/06/11, 1:07 am

3 Answers from Attorneys

BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

If the defendant does not show up you will get a default judgment in your favor.You must then find a way to collect on it which you would have to do any way.

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Answered on 12/06/11, 5:15 am
Tony Carballo Carballo Law Offices

If the defendant does not show up then you win the case automatically in court. If you cannot collect then you lose the case automatically after you win in court. Winning a judgment against someone uninsured is only the beginning of the war. You just win one small battle by getting the judgment. The judgment is the weapon you use to get paid and that weapon is no good if you can't use it because the person disappears or has nothing that can be legally taken to pay you.

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Answered on 12/06/11, 7:18 am


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