Attorney's response to my filing in small claims

I received a letter from defendant;s attorney saying he would proceed to Court  by motion to compel dismissal and rpovide money for attorney's fees, etc..   Does anyone know if this can be done without my being present?

Thanks in advance.

mackykam:

I received a letter from defendant;s attorney saying he would proceed to Court by motion to compel dismissal and rpovide money for attorney's fees, etc.. Does anyone know if this can be done without my being present?

Yes, it can.

If you don't properly respond to the motion.

When your opponent files a motion you have the opportunity to respond to the motion and explain why it shouldn't be granted. If you don't do that, the chances are good that the motion will be granted because you didn't oppose it.

When you file a response you can ask for oral argument, and if the judge grants a hearing you both get to discuss the motion.

If you don't ask for oral argument, the judge will make a decision based on the paperwork without either of you present.

What do you mean by “If you don't properly respond to the motion?”

He does not have to reply to the defense consul but must be present on the trial. The court probably has already set the trial date. Almost all defendant attorneys try to have the case dismissed in their replies. It does not mean the judge will not hear the case and the case must be dismissed unless the plaintiff is not present on the trial. The plaintiff needs to reply to the court but rather the defendant, doesn't it?

I think that clarification of my response might be gleaned from the NJ court self-help webpages:

http://www.judiciary.s...

adjuster jack:

I think that clarification of my response might be gleaned from the NJ court self-help webpages:

So you mean the plaintiff must respond to the defense consul if he said he would proceed to Court by motion to compel dismissal; otherwise, his case will be dismissed without hearing. Can you provide a direct link that the plaintiff must respond to the defense consul instead of providing an unclear general website?

If you are actually served with a motion, yes, you would be required to respond or risk losing the motion and the case. 

The OP does not say he was served. In most of cases, the plaintiff will not receive further notification from the small claims court but the trial date and the defense consul’s reply. Most of defense consul will say motion to compel dismissal etc. That’s the way they start defense but the judge will still need to hear the facts. Do not post misleading info just because you heard or read from somewhere without truly understanding or practising.