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Committee hears bill to change small-claims notice from ‘will’ to ‘may’ so judges can consider merits

2130314 · January 17, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

On Jan. 17 the Civil Rights & Judiciary Committee heard House Bill 1007, which would change small-claims notice language so a default judgment 'may' rather than 'will' be entered if a defendant fails to appear. Sponsors and judges said the change aligns notices with current practice and prevents misleading unrepresented litigants.

The Civil Rights & Judiciary Committee met Jan. 17 to hear House Bill 1007, a measure that would change the standard small-claims notice to say a judgment "may" rather than "will" be entered if a defendant fails to appear.

Supporters told the committee the change is intended to reflect judicial practice and avoid creating false expectations for largely self-represented litigants in small-claims court.

Staff to the committee, Matt Sterling, told members that current notices direct defendants to appear and advise that "if the defendant fails to appear, judgment will be given against the defendant for the amount of the claim." Sterling said HB 1007 would require that the notice instead "must contain a statement advising the defendant that in case of the defendant's failure to appear, judgment may rather than will be given against the defendant for the amount of the…

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