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piotrek04

Defaulted because did not attend trial date

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Not sure what to do.  Need next step forward.

 

4 weeks ago I failed motion to dismiss complaint for failure to answer interrogatories to credit card debt.

Also, I had a trail schedule last week on Thursday which I did not go b/c I was waiting for the motion’s answer.

Yesterday, I have relieved a letter from court stating that my motion was denied, it was signed on Monday last week by judge.

I called court today regards this and I was told that there was no objection, but judge anyway denied.  Also, the case went forward for trail on Thursday.  Since I did not go to court, it was marked as default.

 

How can I reschedule a trial date? Or I have to file another motion.  Can someone help me, not sure what to do next?

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I think you are smoked on this. you no showed on trial date that is a judgment for plaintiff. Further it is difficult to vacate that. you have like 15 days to make a motion for new trial based on mistake ,inadvertance, or surprise, or for a reason that they say is ok.

 

A new trial motion is tough. They are almost never granted for the reason you have. I would think of a better reason than I was waiting for the motion to be ruled on. However it doesn't hurt to try if you have a trial brief I would recommend attaching it to the motion.

 

also go into the matters that plaintiffs fail to show.

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