Money & Debt

If you are sued in Small Claims Court, you will be told about the lawsuit by getting a copy of the Complaint and Summons. The case will be in small claims court if the party suing you is asking for $10,000 or less. Service of process is how the party suing you lets you know about the lawsuit. 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 who is over 13 years old. The Complaint will tell you why you are being sued, who is suing you, and the amount the plaintiff is suing for. It will also have information on how to contact the lawyer for the person suing you.

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. If you ignore a summons and do not file an appearance or show up in court, a default judgment may be entered against you. A default judgment is like a forfeiture in sports, and it gives the person suing you a judgment against you for everything they are asking for. It can be difficult or impossible to get rid of a judgment against you, so it is important to avoid hits.

In Madison County, you will need to file a written response to the Complaint.

If you lose your copy of the Summons and Complaint, either go to the courthouse or call the circuit clerk in the county where the case was filed, and ask when your return date is. You can also ask for another copy of those documents.

Sometimes a Summons can be placed on the front door of your house or in mailbox. This is called “service by posting” and must be approved by the court. In very rare cases, a judge might allow you to be notified via social media or publication in a newspaper.

Learn how to respond to a small claims lawsuit.

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. If you cannot appear in court on the return date and want to contest the lawsuit, you will need to file a written response to the complaint with the circuit clerk before your return date. Your case will then be set for trial on a future date.

In Madison County, you will generally not be able to change your return date unless both parties agree.

Learn more about Changing a court date.