Small Claims Court Help against Contractor

[MaineMom]

Maine.

I am the plaintiff in a small claims court suit against a contractor who basically ripped us off. The defendant hired an attorney who put a motion to continue in for our first court date. I never received a letter with the new date, but I called the court twice to follow up. They apparently never got a letter either, but did not follow up. Our court date came, and neither the defendant or the lawyer showed up to court so I won by default.

This week, I got a letter from the attorney with two motions. A "Motion to Set Aside Default and Motion for Relief from Judgement". The attorney says they did not know about the court date or they would have showed up, and argued their case.

I want to fight this guy, but am at a loss as to what to do next. Is there a motion I should file to have the judge dismiss their motion? Write a letter explaining my case? If I do those things-how do I submit them to the court? Do they need to be notarized or anything? I feel like he'd be getting off the hook completely since he didnt show up to court, and I didnt even get to argue my side of the case before a judge. I wouldnt mind setting another court date so that this could happen. Any advice would help. Thank you.

 

[tranquility]

Let's start by saying courts tend to disfavor default judgments. They would much prefer to hold on the facts. But, here the defendant clearly knew there was a court date and failed to show up so there is a possibility to fight the motion.

Is there a motion I should file to have the judge dismiss their motion?

You have the ability to answer or reply to the motion they made. I'd focus on the facts about how they knew of the date and did not properly ask for a continuance. That an attorney assumed he would get one prejudices your chance at a fair and timely hearing.

Write a letter explaining my case?

I'd use the same format as the motion.

If I do those things-how do I submit them to the court?

Submit them to the court clerk and serve them on the other party. (Probably, you need to look at your state's civil procedure.)

Do they need to be notarized or anything?

Not notarize, but things.


No one can answer what to do at this point other than your own attorney. You're in it now. Either you get an attorney, or you start educating yourself on the process. You will not be able to ask a question or two and get answers which will guide.

 

[MaineMom]

Court Hearing Date Question

I submitted a Letter of Opposition against the Motions to dismiss brought on by his attorney,and he immediately responded by saying this:

"Plaintiff admits that she did not receive a written notification of the hearing date from the Clerk. She admits that she only found out that a court hearing had been scheduled when she contacted the court via telephone. Although not stated therein, it can be implied from the Plaintiff's Opposition that she did not contact the undersigned and the undersigned affirmatively states that he was not contacted by the Plaintiff and informed of the court date."

He's basically saying that I didnt call them to tell them of the new court date, when he was the one to put in the Motion to Continue. Am I missing something? Was I legally responsible for keeping them up to date? Why would I be responsible for telling the defendant to show up to court? I had no idea they didnt get a letter either until the Motion to Set Aside Default. It seems outrageous that he would even say that, so Im not sure how to respond. Is there a law stating that each party is responsible to make sure they stay informed?

Help!

 

[BigMouthWino]

He's claiming that the Court failed to notify either party. That you only found out about the court date by acting out of an abundance of diligence and contacting the court clerk to find out the new date.

You are probably going to lose this one and get your day in court, but you can at least respond that since defendant requested the extension he should have exercised the same amount of diligence as plaintiff to determine the court date and appear. Since he did not exercise reasonable diligence the default judgment should not be set aside.

Submit it to the court and see what happens.