The purpose of notice in a small claim is to bring the parties before the court so that the dispute may be heard and resolved. An answer may be filed at any time prior to trial.
Commentary
The Statement of Small Claim and Notice of Trial form sent to the defendant indicates that a written answer may be filed prior to trial by sending a letter to the court stating simply and clearly why the plaintiff should not prevail. The answer should state fully and specifically what parts of the claim are contested. The notice also informs the defendant that he or she should send a copy of the answer to the plaintiff. The plaintiff should be advised that he or she must appear at the scheduled trial even if no answer has been filed. Pursuant to Rule 3, the failure to file an answer will not result in the default of an action or otherwise delay the proceedings.
If the defendant does not file an answer, or does file one but fails to give the plaintiff timely notice, the court shall continue the case if the plaintiff requests and can demonstrate prejudice in going forward on the trial date. Uniform Small Claims Rule 3(b), as recently amended.