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Missed court date

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marcusbmco

Junior Member
Missed civil Scheduling Conference (appearance)

What I found online

If you are the defendant, the court might suppress your answer and defenses and enter a default judgment against you for what plaintiff seeks in the complaint, providing the right proofs are provided. The court might also allow you to make a motion to reinstate your answer and defenses and to vacate any default judgment entered against you.

In all likelihood, if this is the first court date missed the court will postpone the matter, get in touch with you and give you another opportunity to proceed to trial. If it does this, it might in all fairness require you to pay the expenses incurred by the other side in being ready for a trial that had to be put off due to your failure to appear.

MARCUSBMCO....
Read more: Answers.com - What happens if you miss a court date
 

latigo

Senior Member
I wouldn’t let this “all likelihood” business lull the plaintiff to sleep! Or that once the complaint is dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure to believe that the court will grant a motion to reinstate the complaint as a matter of course.

However, dismissal with prejudice is viewed as a “harsh sanction which the court should order only in extreme situations showing 'a clear record of delay or contumacious conduct by the plaintiff.” *

Also, there is federal precedent to the effect that “a district court should warn pro se litigants of possible consequences of neglect if it intends to sanction with dismissal” **

__________________________


[*] Carter v. City of Memphis, Tennessee, 636 F.2d 159, 161 (6th Cir.1980; quoting Silas v. Sears, Roebuck & Co., Inc., 586 F.2d 382, 385 (5th Cir.1978)). See also Bishop v. Cross, 790 F.2d 38, 39 (6th Cir.1986) (dismissal requires a "degree of willfulness, bad faith or contumacious conduct"); Patterson v. Township of Grand Blanc, 760 F.2d 686, 688 (6th Cir.1985); Holt v. Pitts, 619 F.2d 558, 562 (6th Cir.1980).

[**] Schilling v. Walworth County Park & Planning Commission, 805 F.2d 272, 276-77 (7th Cir.1986)
 

marcusbmco

Junior Member
From Plaintiff...

scheduling conference.
The issue is that since this matter is a "Breach of Contract" / "Wrongful Foreclosure" I've lost my residence and am not even currently in the USA.
Waiting to hear from the Magistrate, if not I will remove and re-file in my born state of Ct. (closer to where I am).

... I now have found that the Magistrate has made a Recommendation for Dismissal for Failure to Prosecute, which needs to be decided by the Judge(s).
I believe I can refile this case in my born state of Ct. to get it out of Co. where I no longer live.
 
Last edited:
scheduling conference.
The issue is that since this matter is a "Breach of Contract" / "Wrongful Foreclosure" I've lost my residence and am not even currently in the USA.
Waiting to hear from the Magistrate, if not I will remove and re-file in my born state of Ct. (closer to where I am).
Scheduling conference is not that bad...at least you did not lose a motion...you likely will need to contact an attny to represent you until your residency is re-established?
 

latigo

Senior Member
scheduling conference.
What happens when a Plaintiff misses an appearance in Federal Civil Court? [Colorado}

The issue is that since this matter is a "Breach of Contract" / "Wrongful Foreclosure" I've lost my residence and am not even currently in the USA.
Waiting to hear from the Magistrate, if not I will remove and re-file in my born state of Ct. (closer to where I am).
Would you please explain on what grounds a “Federal Court in Colorado” assumed jurisdiction over the subject matter of what you’ve labeled as a "Breach of Contract" / "Wrongful Foreclosure" lawsuit?
 

marcusbmco

Junior Member
Juristiction...

This "Breach of Contract" / "Wrongful Foreclosure" case was filed in Boulder Cnty District Court (Colorado) and was reassigned to the United States District Court (Colorado).
Bank of America Home Loans Servicing does not exist in Colorado. Bank of America has no branches in Colorado.

P.S. The easier way to deal with this would have been to join one of the many class action complaints against BAC around the US, but there are none in Co.
 

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