What if he can’t be found after he filed the response?
A man would be excluded from the proceedings as the defendant if he disappeared after he filed the response. The proceeding would have to continue in his absence. This is according to the rules of the court.
What Should He Do After He Receives an Order to Appear?
The person who is being sued should be served with the court order that is entitled “Plaintiff’s Claim” that orders the defendant to attend a court hearing at a specified date, time, and place. This is according to the standard court proceedings. He becomes aware that the plaintiff has initiated a legal suit against him once he receives the document. He should know why you are suing him immediately since you are a couple that is legally married. He is required to contact you immediately for an explanation in case he does not know the reason why you are suing him. Your address and your name will appear on the plaintiff’s claim form that he will receive.
It is advisable never to disobey an order of availing yourself and participating in court sessions even if you are firmly convinced that the plaintiff’s claim was not properly served, is invalid, or that there is something unfair or wrong about the case. This is so because the defendant’s best interests will be represented if they attend. Getting involved in the case does not only mean that the defendant should file the response and disappear. It means that he must participate in every court proceeding. The court may decide to commence hearing the case and give the verdict without his involvement if he declines to appear. He may end up losing.
His absence during the case gives you the legal right to prove what you are entitled to recover from him. The judge may decide the case without listening to his side of the defense based on their discretion unless the guy appears. Filing a response to defend himself and failing to appear in court may be insufficient because the standard court requirements stipulate that both parties should present written submissions and come in person to prosecute or defend the case through their lawyers.
What if He Owes All or Part of the Plaintiff’s Claim?
His money or property can be forcibly taken from him to cover the cost of the judgment if the court judgment is issued against him. His credit record may also ratify and indicate the fact that judgment was passed against him. The judgment might be served by the agency that licenses him if he is a member of a licensed profession. You are entitled to receive part and not the entire amount that you had claimed if your claims as the plaintiff are passed in your favor or proven to be valid. He may have to pay your entire court costs and some interest on top of the amount that you already owe him if he appears in the court and you still win the case. The worst thing when you win the case in either scenario is that he will incur both monetary or property losses and a tainted credit record. These are very important points to put in mind. It is a very crucial situation.