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  #1  
Old 03-21-2006, 03:18 PM
Junior Member
 
Join Date: Mar 2006
Posts: 1
Unhappy

Trial date changed without my knowledge


What is the name of your state? MA
I went to small claims court today on a debt collection matter. My case was never called, when I approcahed the clerk she had no info and suggested I check with the clerk's office but before I went downstairs she asked one of the lawyers standing around if someone was there representing the law firm. She was told a certain attorney usually does those, he came back into the court room and said he "thought he had 4 cases today for that law office but did not have the files." The clerk took my docket number, called downstairs and the files were brought up. The trial date had been changed, no one else was present but me, I was not notified. Now I have to go back on another date. Why was I not notified, but the 3 other cases were? Do I have any recourse?What is the name of your state?
  #2  
Old 03-21-2006, 05:23 PM
Senior Member
 
Join Date: Oct 2005
Posts: 1,529
Q. Do I have any recourse?

A. No.

OP - mistakes happen and this sounds like one of those times. Cool off and plan to go again. With additional time, you may be even better prepared. There is nothing in your post that assigns blame. The attorney thought he had 4 cases but didn't have files (mistake in there somewhere). You were the only one to show, but you don't know (or don't say) that the others were notified of a new date. Perhaps they were just going to permit a default.. If it happens a second time, on the new date, then tell the Court that you've appeared twice as required and maybe the Court will dismiss the case.
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