When a small claims case is called in court, several different scenarios may occur. Both parties may be present, only the plaintiff or only the defendant may be present, or neither party may be present. These flowcharts are designed for magistrates to use in each scenario to determine whether all of the mandatory rules of small claims procedure have been satisfied. Based on who is present in court, the magistrate will select the corresponding flowchart and follow it from calling the case to entering judgment.
In any scenario, if the magistrate has evidence that the defendant has filed for bankruptcy, state court proceedings are automatically stayed. The small claims case should be discontinued using form AOC-G-108 until the bankruptcy case is resolved or the plaintiff provides proof to the court that the stay has been lifted by the bankruptcy court.
