Show Up for Court

In Tennessee, General Sessions Court is the small claims court.  General Sessions Courts hear civil cases and are usually the first court where a criminal defendant appears.  A civil case is a lawsuit about money, evictions, and the like.  A criminal case can lead to jail time or fines.  There is a General Sessions Court located in each county in Tennessee.  If you fail to show up for a civil case or a criminal case, there are consequences.

Civil cases:  In most civil cases, General Sessions Court may award up to $25,000 in damages for a citizen or business.  To file a civil suit In General Sessions Court, usually a person completes a Civil Warrant and pays the Clerk the filing fee.  The person or business that is sued is then served with the Civil Warrant or given a copy of the Warrant as required by law.  If an individual or business does not appear or show up for court on the day the hearing is set, there are serious, significant, and expensive consequences.

To explain, when an individual or a business does not show up for court, the lawyer for the business or person suing you simply moves or asks for a default judgment.  A default judgment means that the person or business who has sued you wins – all because you did not show up.  If you do not appear in court, the other side wins and you lose. Courts grant default judgments to ensure that cases move and are decided.  Without default judgments being available, no one would appear in court.

If you show up for court, even if you do not think you have a defense, the other side still must prove its case.  Often, the other side will negotiate with you and significantly reduce the amount you owe.

When you go to court, be prepared.  Bring your records.  Unfortunately, too many consumers frequently do not keep good records, and not keeping good records affects one’s ability to defend oneself.  Still, showing up usually gives you options that you will not have if you do not show up.

Quite often, lawyers sue for companies that have bought debts that consumers rang up in past years.  The stores or companies cannot collect from the consumers and “write off” or “charge off” the debt.  After these debts are charged-off or written-off, these charged-off debts are sold to businesses that purchase the “charged off” debts for pennies on the dollar; these companies make their money by collecting these old debts.   Without a default judgment, these companies must prove their cases under the Rules of Evidence.  To prove their cases, these businesses may have to gather old documents, which is costly for them.  Thus, the lawyers for these companies often have an incentive to settle or resolve these cases for less than the amount that is owed.

In those cases, these businesses sometimes use another strategy.  They keep getting continuance after continuance from the court.  A continuance is a postponement or rescheduling of the court date.  So, even if a citizen has attended court several times, on the day he or she fails to show up or appear in court, the lawyer for the business moves or asks for a default judgment, which the court usually grants.  So, the business wins, again by default.  And who loses?  The citizen loses.

Regardless of the underlying claim or suit, whether you are sued for a charged-off or stale debt, for a car wreck, or for another reason, show up for court.  Be prepared.

Criminal cases: If you fail to show up for court in a criminal case, you most likely will be charged with the crime of failure to appear.  So, in addition to the crime with which you were first charged, you will face another separate crime.

So, whether you face a civil proceeding or a criminal proceeding, show up for court.  Be on time.  Be prepared.

If you have been summoned or required to go to court, talk to a lawyer.  Nashville Attorney Perry A. Craft can answer your questions and guide you through the process.