LR18-SC00-DLR-0001 Small Claims Practice and Procedure

(A) Scheduling

(1) The Clerk of the Court shall schedule an initial hearing on the complaint. At the initial hearing, the defendant shall admit or deny liability as to the claim.

(2) If the defendant fails to appear at an initial hearing after proper service, the plaintiff may request judgment. If the plaintiff fails to appear at the initial trial after proper notice, the court may dismiss the action without prejudice.

(3) If the defendant appears and admits liability the parties may sign and file an Agreed Judgment.

(4) If the defendant appears and denies liability, the court shall set the matter for a bench trial and notify all parties.

(B) Attorney Fees. A party who is represented by an attorney and is requesting attorney’s fees shall present to the court a written affidavit detailing the time spent, services rendered, and hourly rate requested. There shall be a rebuttable presumption that a reasonable attorney fee based upon the amount of the judgment is as follows:

JUDGMENT	ATTORNEY FEE
Less than $500.00	$150.00
Over $500.00 but less than $1,250.00	$250.00
Over $1,250.00 but less than $2,500.00	$500.00
Over $2,500.00 but less than $4,000.00	$800.00
Over $4,000.00 but less than $6,000.00	$1,000.00
Over $6,000.00 but less than $10,000.00	$1,200.00

(C) Continuances. A party seeking to continue a hearing date must file a written motion for continuance, and the court may grant the motion if the party seeking the motion shows good cause. Forms for continuance can be found in the Self-Help Legal Center located in the Justice Center or online on the County Clerk’s and Courts’ websites.

(D) Judgments. A party seeking a default judgment shall file an Affidavit of Non-Military Service and Competency. These forms can be found in the Self-Help Legal Center located in the Justice Center or online on the County Clerk’s and Courts’ websites.

(E) Proceedings Supplemental. If a party does not pay the judgment after its entry, the party seeking payment may file a Motion for Proceedings Supplemental and an Order to Appear in Court and Answer as to Wages, Assets, Property, and Income. The Clerk will provide a hearing date. The forms can be found in the Self-Help Legal Center located in the Justice Center or online on the County Clerk’s and Courts’ websites.