What Happens If Someone Ignores Small Claims: A Step by Step Guide
Introduction: Why this matters
Imagine you get a court summons for a $2,300 unpaid contractor bill, you ignore it, and two months later you find a default judgment filed against you. That exact scenario happens every week, and knowing what happens next can save money, time, and your credit. This article is for plaintiffs chasing small debts, defendants who missed a court date, landlords, contractors, and small business owners who want concrete next steps.
You will learn the timeline after an ignored claim, how courts enter a default judgment, and practical enforcement options like wage garnishment, bank levies, and lien filing. You will also get clear steps to set aside a default judgment, templates for quick responses, and tips to avoid common traps such as missing deadlines or failing to collect after winning. Read on to act fast and protect your rights.
How small claims court works
Small claims courts exist to resolve low dollar disputes fast, cheaply, and with minimal formalities. Typical claim limits vary widely by state, commonly from about $2,500 up to $25,000, with many states clustering between $5,000 and $10,000. The basic timeline looks like this: file a claim, pay a small fee, serve the defendant, wait for their response, then attend a hearing usually within 30 to 90 days. In practice that means you can often go from filing to judgment in a few months. Anyone with a direct claim can bring a case, including individuals and small businesses, and anyone named can defend it; corporations must accept service through an authorized agent. If you wonder what happens if someone ignores small claims, know that default judgments and collection steps follow after a missed response.
What it means to ignore a small claims notice
Ignoring a small claims notice or failing to appear means more than skipping a hearing. It means not responding to a summons, not filing an answer, or simply not showing up on the scheduled court date. If you search what happens if someone ignores small claims, courts usually treat it as a failure to defend and may enter a default judgment for the plaintiff.
People miss hearings for clear reasons, for example moving without updating their address, getting sick the day of the trial, misunderstanding service rules, or thinking the claim is too minor to matter. Sometimes mail gets lost, or a tenant never opens court documents.
That risk is real. Default judgments can lead to wage garnishment, bank levies, property liens, and added court costs. If you discover a missed hearing, call the court clerk immediately, ask how to file a motion to vacate, and gather proof of your excuse, for example medical records or a change of address form.
Immediate consequence: default judgment explained
When a defendant ignores a small claims case the court can enter a default judgment, which means the judge formally rules for the plaintiff because the defendant failed to respond or appear. Practically, a default judgment often begins when the plaintiff files proof of service and a request for entry of default or a judgment form, sometimes supported by an affidavit showing the amount owed.
A default judgment does two things. First, it creates a legally enforceable money judgment, for example $3,500 for unpaid work. Second, it opens collection options, such as wage garnishment, bank levy, or filing a lien against property. Some courts require a brief hearing to assess damages, so the plaintiff should bring invoices or receipts.
If you are the defendant, act fast. You can often file a motion to set aside the default if you have a valid excuse and a plausible defense.
What a default judgment allows the plaintiff to do
If you want to know what happens if someone ignores small claims, the big payoff for the plaintiff is a default judgment that turns into real collection power. With a judgment you can pursue wage garnishment, typically up to 25 percent of the debtor’s disposable earnings or the amount by which weekly disposable pay exceeds 30 times the federal minimum wage; state limits can be lower. You can levy bank accounts after obtaining a writ of execution, but many accounts hold exempt funds such as Social Security or certain benefits. You can record a judgment lien against real property, which blocks refinancing or sale and can lead to forced sale in extreme cases. Other tools include seizing personal property via sheriff, attaching accounts receivable, and adding post judgment interest and collection fees. Note you usually must ask the court or sheriff to issue the garnishment or levy, and judgments have a renewal window, often five to ten years.
How to respond after you ignored a case
If you ignored a case, move quickly. File a motion to vacate or set aside the default or default judgment, and serve the plaintiff with the motion. Deadlines vary by state, but courts commonly expect action within 10 to 30 days after the default or entry of judgment, or within a reasonable time once you learn about it, so do not wait. In your motion explain why you missed the deadline, and attach an affidavit and a proposed answer or defense.
What helps win these motions, concrete examples, and documents
Proof you never received the summons, such as a wrong address or postal receipt
Medical records, flight itineraries, or work schedules showing excusable neglect
Payment receipts, cleared checks, or settlement offers showing you tried to resolve the debt
Emails, text messages, or photos that undermine the plaintiff s claim
Expect to pay filing fees, and be prepared to offer to pay the judgment or agree to a repayment plan if that helps convince the judge to reopen the case. Contact the clerk for local forms and timelines.
Financial enforcement tools explained
If you wonder what happens if someone ignores small claims, courts can use three main financial enforcement tools, each with its own process and protections.
Wage garnishment means your employer must withhold part of your paycheck and send it to the creditor. Many states follow a federal guideline that limits garnishment to about 25 percent of disposable income, though child support and tax debts take priority. Tip, review your paystub and ask the court about exemptions quickly.
A bank levy lets the creditor freeze and take money from your accounts after a judgment. Banks often act fast, so move exempt funds into protected accounts only after legal advice, or file a claim of exemption immediately to recover funds.
A property lien attaches the judgment to real estate, blocking sale or refinance until the debt is paid. You can challenge improper liens, claim homestead exemptions, or negotiate a payment plan to avoid forced collection.
Other impacts beyond money
If you wonder what happens if someone ignores small claims, think beyond the bill. A default judgment becomes a public record, and landlords, utility companies, or employers who check court dockets can see it. That makes renting or getting services harder, even if the judgment no longer appears on a credit report.
Ignored small claims also invite escalation. Creditors may hire collection agencies, file liens against property, or seek wage garnishment or bank levies once a judgment is entered. Practical moves, respond to the summons, ask the court to set aside a default if you missed a date, or negotiate a written payment plan to avoid these consequences.
Practical step by step actions to take now
Quick checklist you can follow right now, step by step.
- Confirm court records. Look up the case number on the court website or call the clerk, note filing dates, the judgment status, and any deadlines.
- Contact the plaintiff. Send a short, documented message, ideally certified mail or email with read receipt, asking to discuss the claim. Keep a copy.
- File required motions. If you missed a response, consider a motion to set aside default or for extension, include evidence of good cause. Check local rules for timing, often 20 to 30 days.
- Attend hearings. Show up with copies: summons, receipts, photos, contracts, witness names. Be concise, stick to facts.
- Explore settlements. Propose a payment plan or reduced lump sum, get it in writing, file dismissal if agreed. Example, offer three monthly payments.
- When to get a lawyer. Hire one if the judgment exceeds the small claims limit, if wage garnishment starts, or if legal issues are complex.
Conclusion: Key takeaways and next steps
If the other party ignores a small claims case, you usually get a default judgment, and then you must act to collect. Timing matters, because most courts give defendants about 20 to 30 days to respond, and some allow a limited window to ask to set aside a judgment. After judgment you can request a writ of execution, place a lien on property, or garnish wages, but you must file paperwork and follow local rules.
Do this today
- Confirm service proof with the clerk, print the summons and return.
- If you are the claimant, file for default judgment immediately.
- If you are the defendant, file a motion to set aside right away and gather proof.
- Call the court clerk for exact deadlines, then schedule enforcement or negotiation within seven days.
Act fast, deadlines are strict.
