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Morgan County Circuit Clerk
John Pat Orr
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What should defendants do after a claim is filed? |
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You may choose to settle with the plaintiff before the date the claim is set for trial. If you do settle, then the claim may be dismissed, with no judgment entered against you. If you choose not to settle or you are unable to settle, you must answer the Complaint within 14 days after being served, admitting or denying all or part of the claim. Remember, your answer must be filed within 14 days or a default judgment may be entered against you. As the defendant, you may also choose to file a Counterclaim, which is a claim that you have against the plaintiff.
All parties to a small claims case are encouraged to try and reach a settlement agreement prior to trial.
All settlement agreements should be in writing and should state who is to pay the court costs. If the defendant does not agree to pay the court costs as part of the settlement, the plaintiff will be responsible.
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If a settlement agreement is reached before the trial, the plaintiff must immediately notify the clerk so that the trial can be cancelled.
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Morgan County Circuit Clerk
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