I have a friend who lives in Indiana, he missed his court date yesterday out of stupidity... more like forgetting. But now he is worried about what will happen. Does anyone know what can happen. He is more nervous about his liscense getting suspended. If anyone knows please let me know. I just googled it for a long time and can not find much! Thanks:)
2007-01-10 01:21:53 · 13 answers · asked by chermarshall2000 1 in Politics & Government ➔ Law & Ethics
he will be found guilty by default and will be fined more,and his licence will be suspended or revoked,
2007-01-10 01:29:31 · answer #1 · answered by Lionel M 5 · 0⤊ 0⤋
Your friend needs to contact the court office from where the scheduled court date was set. Most often if one party or another fails to appear, the court will either dismiss the case or find the party that did not appear in "default." Your question sounds like the case was of a "criminal" and not "civil" nature therefore I would guess that the court most likely went ahead and suspended the license by a "default judgement." The best I can suggest is that your friend contact the court office to find out what the judgement was in his absence. This friend can, hopefully, ask for a new hearing based upon his failure to appear. I am not familiar with Indiana law, however, in my own state, if a person fails to appear in a case where the license is pending suspension, the court will continue the suspension until he pursues his license reinstatement. I don't believe your friend needs to worry about a warrant for his arrest under the circumstances you've described. Hope this helps!
2007-01-10 01:38:17 · answer #2 · answered by KC V ™ 7 · 0⤊ 0⤋
Usually the judge rules against the party that does not appear. Usually small claims court is in regard to civil law suits. It sounds like your friend was being sued. If that's correct then the court will automatically rule against him forcing him to pay the amount of the suit plus court costs. It will remain on his credit rating for at least 10 years. He should not lose his license over a civil law suit. That would happen in a criminal case.
2007-01-10 01:32:01 · answer #3 · answered by toyman 4 · 1⤊ 0⤋
I'm not to sure about Indiana law, but in Cal. if you do not apear in court on a civil case the court has no alternative and must render a judgement in the plaintif's favor and your freind would be financially liable to pay the plaintif whatever the court decides is fair compensation. Including court cost's and legal fee's for the plaintf's attourney. If However; the case is a criminal one the judge would issue a bench warrant for his arrest and he would face additional charges. the court cannot issue a criminal warrant for failure to apear in a civil matter . I am not sure but your freind may be able to contact the court and explain there were extinuating circumstances involved with his failure to apear and reset a new court date if it's not to late. good luck .
2007-01-10 01:47:03 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It's small clams court so he lost his case. Its not a criminal proceeding so his punishment is whatever the claim was for. If he was being sued then he now owes whatever the other party claimed. If he was the one sued then he gets nothing and his case is dismissed meaning he can not try again later. If your right in calling it claims court that's the only punishment.
2007-01-10 01:29:10 · answer #5 · answered by brett.brown 3 · 0⤊ 0⤋
if its small claims then the person sueing you wins by default they dont issue a warrent for your arrest over a civil manner. They only issue a warrent for your arrest when you dont show up for court on a police matter like a traffic ticket etc. hope this helps.
2007-01-10 01:29:19 · answer #6 · answered by butterflyharmon 2 · 1⤊ 0⤋
in case you fail to look at a small claims listening to, the default judgment is going to the plaintiff (I"ll assume you stands out as the defendant). usually, you will get carry of a observe from the courtroom advising you of their determination and the economic contract you will now be to blame for. Do your self a prefer: ensue and shelter this remember in a to blame way. you will sleep better at evening. stable success.
2016-10-30 12:47:46 · answer #7 · answered by ? 4 · 0⤊ 0⤋
he loses and gets a bad mark on his credit. unless the person that won calls me to collect the judgment. my fee is half of what I can collect. i can find anybody. i will garnish his (your) wages and take your car. you might want to stop using yahoo for a while. I will probably send you an email tomorrow just to show you I found your profile.
2007-01-10 05:24:28 · answer #8 · answered by Anonymous · 0⤊ 1⤋
i was just in court the other day... a failure to appear in court is a warrant for your arrest.
2007-01-10 01:26:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Failure To Appear Indiana
2017-02-20 22:11:07 · answer #10 · answered by ayachi 3 · 0⤊ 0⤋
The other person wins the suit and gets the judgment.
2007-01-10 01:26:41 · answer #11 · answered by Big Bear 7 · 1⤊ 0⤋