Not always. You still have to present your case. Assuming you're not a complete :rolleyes: case, and there's no technical snafus in your application or anything along the way, then yes -- it's more or less a loss by default.

I had this happen to me a couple months ago. "Won" a sizable verdict against my home builder for some incomplete work and then the judge realized that we made the claim against the individual and not his LLC. As the contract for purchase was with the LLC, and not the individual, we couldn't collect on the judgment (not that the LLC has any assets anyway).

In NYS (it's very possible the city has different rules) they don't make you go before the arbitrator. And, even if the other party shows, they will try and make you sit before an arbitrator, but it's your right to refuse arbitration (unless you have a contract that states you must settle via arbitration).

It's my understanding you'll need to refile.

I'm sure they simply made enough copies to make it look :rolleyes:, which would have given them a good reason to postpone the case.

Is there some oil and gas issue that can be made a part of his claim? :D

they had someone show up, it means you are taking BAs time and money for screwing you over, now you are sure to have them spend more money ^

^^^ NYC Law DO :cool:

I could make it for that. I'd work in the NYC Office that day.:-:

There's a point where the claim isn't worth the time of BA.

I'd be dollars to donuts this was a test to see if Seth would show up and if he was prepared. I wouldn't be surprised if an offer of settlement was made in the next 6 weeks with a rider that BA admits no fault and Seth can not disclose the terms of the settlement.

If Seth wants to be a douche he can volley the negotiation back and forth as many times as he had patience for (to ring up a huge bill against BA) and then either decline the settlement offer or take it at the 11th hour, thus maximizing the damage against BA. Not that I'm advocating douchery or anything.

Im not an attorney, but I can show up and pretend I am one :p

And then we'll have a, "Bail Rolo Out of Jail" bake sale. ^

But what if you stayed in a Holiday Inn Express last night?

don't some small claims courts prohibit atty representation?

No, I will just put it on my PPlus card and have him pay me back at 15% interest :D Miles and money :D

^

Get out of my head.

BA sent an attorney? :confused:

Then I would have been granted temporary rights to practice in NYS.

Dunno about prohibition. However, the rules of procedure and evidence are generally relaxed in small claims court, as they are designed to be forums where lay-people can resolve minor legal disputes. Often, the justices of the peace that preside over the court (at least here in Texas), are not even attorneys themselves. The small amount in controversy also means it isn't generally economical to hire an attorney to represent you in small claims court.