If I file a small claims against a company and they don’t show up for the appearance, do I automatically win?

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If I file a small claims against a company and they don’t show up for the appearance, do I automatically win?

Also, can they try to settle the claim without having to show up for court? Even though there insurance company has already denied the claim for the damages to my vehicle.

Asked on May 21, 2015 under Accident Law, Colorado

Answers:

Anne Brady / Law Office of Anne Brady

Answered 5 years ago | Contributor

Certainly they can attempt to settle prior to the court date.  If the matter does not settle and they do not show up, you generally need to file an application for entry of a default judgment.  Winning by default is not entirely automatic.


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