# Opt out of political calls? **URL:** \ **Category:** Factual Questions\ **Created:** [May 21, 2012, 5:19pm UTC](https://boards.straightdope.com/t/opt-out-of-political-calls/622624 "2012-05-21T17:19:18Z")\ **Posts on this page:** 5\ **Page:** 2
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [May 23, 2012, 8:18pm UTC](https://boards.straightdope.com/t/opt-out-of-political-calls/622624/21 "2012-05-23T20:18:34Z")
> [@Rhythmdvl](#): > > Small claims may be different, but not showing up typically results in a default judgement–the court basically taking the claims of the petitioner as stipulated to. It is my understand that you still have to prove up your claim. That may vary by jurisdiction, though. ETA: [Small Claims / Lubbock County, Texas](http://www.co.lubbock.tx.us/department/division.php?fDD=47-183) > [@](#): > > If the defendant does not answer, you may be eligible for a default judgment. A hearing may be set for the Plaintiff to prove up that amount that is due. ---
**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\ **Post date:** [May 23, 2012, 8:25pm UTC](https://boards.straightdope.com/t/opt-out-of-political-calls/622624/22 "2012-05-23T20:25:24Z")
> [@Fear\_Itself](#): > > It is my understand that you still have to prove up your claim. That may vary by jurisdiction, though. > > ETA: [Small Claims / Lubbock County, Texas](http://www.co.lubbock.tx.us/department/division.php?fDD=47-183) So it seems to be in [New York:](http://www.courts.state.ny.us/ithaca/city/webpageguidetosmallclaims.html) > [@](#): > > **WHAT HAPPENS IF ONE PARTY DOES NOT APPEAR?** > > If the claimant does not appear in court when the calendar is called, the case will be dismissed. > > \*\*If the defendant does not appear, the court will direct an “inquest” (hearing). That means that the claimant will go before the judge or arbitrator to present evidence to prove his or her case without the defendant presenting any evidence. If the claimant’s case is proved, a “default” judgment will be awarded against the defendant. > \*\* > If a default judgment is granted because the defendant did not appear, or the case is dismissed because the claimant did not appear, the losing party may ask the court to re-open the case and restore it for a trial upon a showing of good cause. Contact the clerk for the procedure used to re open the case. The clerk also will set a date when both sides are to return to court or will advise when the judge will issue a decision. > > If, on the return date, the judge decides to re-open the case, both sides should be prepared for trial in the event the case is re-opened. I’m pretty sure this is different from regular, civil court. Or at least that’s the impression I got in Civ Pro eleven years ago. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [May 23, 2012, 9:08pm UTC](https://boards.straightdope.com/t/opt-out-of-political-calls/622624/23 "2012-05-23T21:08:34Z")
> [@NoClueBoy](#): > > I know. It’s in the OP. 😉 Hee. Sorry about that. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [May 24, 2012, 1:40am UTC](https://boards.straightdope.com/t/opt-out-of-political-calls/622624/24 "2012-05-24T01:40:52Z")
_Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances._ ---
**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\ **Post date:** [May 24, 2012, 3:39am UTC](https://boards.straightdope.com/t/opt-out-of-political-calls/622624/25 "2012-05-24T03:39:09Z")
That sounds familiar, but I just can’t place my finger on it. Perhaps if some sort of point was included to the italicized bit it would help. [Previous page](https://boards.straightdope.com/t/opt-out-of-political-calls/622624.md?page=1)