For the sake of those who has no idea what happens in cases like this or similar to mine then here is my share to help out. We dont always get a reply here when we needes it most so i hope his might give some light to someone out there.
So my story is stated above. I vot a letter to attend a bearing for small claims. I was stressed out and needed some light in this situation. I was afraid because i had no clue what to expect let alone what the outcome would be. I just knew i have to face it. Fight if you will. And so i did. I attended the hearing, no lawyer cause i cant afford one, i just had with me documents that would support my claim. I went early hoping that it was all just a threat or bluff that i was even schexuled for a hearing. But i found out that indeed i am. Saw the schedules for the days hearing and my name was there. So i waited until they call in those scheduled inside the court room. It does look like a court room. Only in the movies it is more neat. This has a ton of paperwork all over. Boxes and piles of papers. I sat in front and waited. More people came in. I secretly tried to take a peek on what other people are holding wondering if they are just like me or not. And indeed some were there holding the same kind of summon paper that i had. Some were lawyers or representatives of companies. We all sat there and waited for another hour and a half from the scheduled time. Then a man started addressing the group that we are about to begin. He asked if all parties are present and who are defendants and claimants( not sure of the term). There were those that both parties were present. When i got called, only i was present and the other party wasnt there. And so the judge arrived and the proceeding started. There were a number of cases before mine and one by one i start to see the pairs that i could identify. But the one who filed my case still wasnt present. At this point i was hoping that again it was just a bluff to scare me to settle. Although i also entertained the thought that he wouldnt show up and i can plead my case and win it so as to get this all behind me. But no. An old man and a lady sat beside me. They brought out a folder and me being still curious of course discreetly looked at it. And there he is. I saw my name written on the folder this old man brought out. Turned out he is the lawyer filing a case on me. And so i told him, hello that's me you have there. He was ok. Old lawyer type who i guess because of the proffession and title wohld try to intimidate who they talk to. But he was ok. I was calm and just told him that i am willing to settle but i have something to say too and let the judge decide.
And so my case number was called. Judge asked the story behind the case. The lawyer told his and i told mine. The judge was for a moment on my side. He questioned why i was given clearance. Where did the money go? And the lawyer just said that the company i worked for closed but they have all payments i made before i left which was not enough that is why there is a balance. The judge then said that i cant be liable for the penalties. And the lawyer obliged. But still i am liable for the balance. The lawyer would need to get a final computation and find out what happened to my final pay, bonuses, withholdin tax, and 13th mo pay that was supposedly used to payoff the balance. So our turn with the judge was done but we will be called back to see if there are updates and agreement. The lawyer then started texting who i assume was his boss or their client. Then after several minutes approached me with a computation. It was far less than the amount on the summon paper and he is giving me two years to settle.the amount was reasonable. He gave his explanation on where the final pay was applied, i gave an amount how much i can pay in a month and with that it was settled. Our turn is up once again with the judge, we both gave our versions of what we agrees on. Judge agreed. Done. We were asked to fill out a paper documenting the agreement. And that is it.
So thank you still for this site for letting me know that there is nothing to be afraid of in small claims hearings. And one post here did say what to expect during these proceedings. And that it is important that you attend so you can be heard. I often wonder what wouldve happened if i didnt show up. My assumption is that i would be billed with the penalties and interests as claimed by the loan company. Judge wiuldnt have heard my side of the story. Which is i guess is the whole point to these kinds of hearings.
To skyler - i am no lawyer. But, if you have a chance to attend a hearing, maybe it will be a good idea that you do so. It might turn out to your favor as well. Now i am not sure what happens in your case after missin three hearings. So ill let others respond to that. Come on lawyers or aspiring lawyers out there, help us out here. Were postin here to somehow vet some answers. You benefit from this too anyway. Any form of advise would help ease the stress of being in the dark and not knowing what to do.
Sorry admin if this post is long. I just hope that being this detailed may help someone out there.
Thanks.
(Please excuse the typos or grammar errors)