I have been named as a defendant in a small claims case. However, I was not properly served the court documents. They were left attached to ...

Question

I have been named as a defendant in a small claims case. However, I was not properly served the court documents. They were left attached to the gate in front of my house. Am I still required to appear in court?

Answer

You probably should. Most likely whomever left the papers filled out a proof of service. So unless you show up in court the court will think you were properly served. You could file a motion to quash service, but for a small claims case that would probably cost as much as just paying the claim.

Answer

I agree with Mr. McCormick. If you don't show up and someone files a proof of service falsely claiming that they served you, you could end up with a judgment against you by default. A judgment will harm your credit score and filing a motion to challenge the service or a set aside of judgment would be costly.