What is the name of your state? FL
Earlier this week, posted message about my having received judgement in my favor as a result of a counterclaim (plantiff never showed up in court), and then finding out plantiff refiled same suit which I found confusing.
I now understand why, as today I received a "Motion to set aside Judgment" that the plantiff filed with court because (1) they were stuck in traffic, and (2) claimed they never received notification of my counterclaim which I had sent to both plantiffs by certifed mail - and they refused to accept.
Motion goes on to state plantiff was told only remedy was to refile suit and for the purposes of "judical economy, fundamental fairness and presenting evidence from both of the parties" ... court should entertain motion to set aside and allow the case to be reset uner their original suit.
Questions -
Is this Set Aside Motion the same as an appeal? I thought appeals in small claims court cases were difficult to pursue.
Should I still move forward with recording my judgement and filing a lien.
In response to this Motion to Set Aside, can I do anything with the court to ask that the judgment stand?
Will the court make a ruling prior to the new suit court date (7/27/04) and how can I find out if they do?
If the case is reset, then don't I have to refile my counterclaim - i.e. start from ground zero?
Thanks (and Jet X, hopefully your reading).
Earlier this week, posted message about my having received judgement in my favor as a result of a counterclaim (plantiff never showed up in court), and then finding out plantiff refiled same suit which I found confusing.
I now understand why, as today I received a "Motion to set aside Judgment" that the plantiff filed with court because (1) they were stuck in traffic, and (2) claimed they never received notification of my counterclaim which I had sent to both plantiffs by certifed mail - and they refused to accept.
Motion goes on to state plantiff was told only remedy was to refile suit and for the purposes of "judical economy, fundamental fairness and presenting evidence from both of the parties" ... court should entertain motion to set aside and allow the case to be reset uner their original suit.
Questions -
Is this Set Aside Motion the same as an appeal? I thought appeals in small claims court cases were difficult to pursue.
Should I still move forward with recording my judgement and filing a lien.
In response to this Motion to Set Aside, can I do anything with the court to ask that the judgment stand?
Will the court make a ruling prior to the new suit court date (7/27/04) and how can I find out if they do?
If the case is reset, then don't I have to refile my counterclaim - i.e. start from ground zero?
Thanks (and Jet X, hopefully your reading).
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