Quendishir
Junior Member
What is the name of your state (only U.S. law)? Massachusetts
I filed a small claims lawsuit against Hewlett-Packard because of a defective laptop I was sold. The case was to be held 28 January 2010. I know Hewlett-Packard was served prior to 15 January 2010, because on that date they drafted a letter, attempting to settle out of court.
On that date, I was present at 0830 as required by the summons. Defendant's representative failed to show. My case was called at approximately 0915, with defendant's representative not answering. At that time, a default judgment was entered in my favor for the full value of my claim. Defendant's representative showed up approximately ten minutes after I left (I left about 0925) and filed a motion to vacate the default judgment.
Defendant's representative claimed that he was caught in traffic on route 1 northbound in Saugus and was unable to make it to the courthouse in time. He claimed that he called the courthouse at 0830 to inform them, but no one apparently passed this along to the clerk-magistrate. The motion was filed/submitted but not ruled on. It was to be heard today (04 March 2010) during the payment review hearing.
At the payment review, the clerk-magistrate claimed that she was obligated to grant the motion to vacate the default judgment. Her exact words were, "When I took the call," and then she said she made a mistake and assumed the defendant's representative was actually the plaintiff (meaning me). This means the clerk-magistrate took and answered this call, by her own admission, and failed to notify me at that point when the case was called that the representative would be late. Furthermore, despite the proof that the water main break was reported on several times on television and radio reports hours before the court even opened, giving the defendant's representative ample oppurtunity to make alternative plans. She didn't listen to what I had to say, and simply granted the motion. There was no hearing.
I had to provide the case that I had prepared; however, I feel that this is a circumvention of justice by the defendant's representative. He had ample oppurtunity to plan an alternate route but didn't, and now it seems like this will affect me negatively, even when I did everything right.
I am looking for information on how to appeal this motion being granted.
Thank you.
I filed a small claims lawsuit against Hewlett-Packard because of a defective laptop I was sold. The case was to be held 28 January 2010. I know Hewlett-Packard was served prior to 15 January 2010, because on that date they drafted a letter, attempting to settle out of court.
On that date, I was present at 0830 as required by the summons. Defendant's representative failed to show. My case was called at approximately 0915, with defendant's representative not answering. At that time, a default judgment was entered in my favor for the full value of my claim. Defendant's representative showed up approximately ten minutes after I left (I left about 0925) and filed a motion to vacate the default judgment.
Defendant's representative claimed that he was caught in traffic on route 1 northbound in Saugus and was unable to make it to the courthouse in time. He claimed that he called the courthouse at 0830 to inform them, but no one apparently passed this along to the clerk-magistrate. The motion was filed/submitted but not ruled on. It was to be heard today (04 March 2010) during the payment review hearing.
At the payment review, the clerk-magistrate claimed that she was obligated to grant the motion to vacate the default judgment. Her exact words were, "When I took the call," and then she said she made a mistake and assumed the defendant's representative was actually the plaintiff (meaning me). This means the clerk-magistrate took and answered this call, by her own admission, and failed to notify me at that point when the case was called that the representative would be late. Furthermore, despite the proof that the water main break was reported on several times on television and radio reports hours before the court even opened, giving the defendant's representative ample oppurtunity to make alternative plans. She didn't listen to what I had to say, and simply granted the motion. There was no hearing.
I had to provide the case that I had prepared; however, I feel that this is a circumvention of justice by the defendant's representative. He had ample oppurtunity to plan an alternate route but didn't, and now it seems like this will affect me negatively, even when I did everything right.
I am looking for information on how to appeal this motion being granted.
Thank you.