default judgement

[jamewingood]

What is the name of your state (only U.S. law)? New York, I just received a default judgement in small claims court in Auburn, New York, on March 7, 2012. The defendant did not show up for court. The next afternoon, I went to the clerk's office to pick up a copy of the judgement and I was told that the judgement is on hold, because the defendant did not show up until six thirty and court papers said to be there at five. The time had been changed, and we were notified by mail about the time change. Now the clerks office is saying that it is short staffed and the notice that the defendant had an attorney was not included in the folder for the judge, that our default judgemant is now on hold and we have to go to court again. We were still in court at six thirty and the defendant was not there, even though he told the clerk's office that he was there. He was not. Is this legal? The defendant is a credit repaire company that we paid in advance to repair my credit and my husband's credit.

 

[startedone]

Even if you are right, it will matter little ... the clerk will likely send out a new date for a new hearing and vacate the judgment.

You'll have to wait and see.

 

[jamewingood]

reply to my thread

I asked for advice, not a smart aleck response, if you can not be professional, then you need not reply to my question. I did not say that I would not go to court again, just asked if a mistake made by the clerk's office could legally negate a judgement.

Clowns should go to their own site and not leave unwanted remarks on my thread. Thanks for nothing, and I would not want you for a mother! Mother's are caring and concerned. Not moronic like you.

 

[startedone]

I asked for advice, not a smart aleck response, if you can not be professional, then you need not reply to my question. I did not say that I would not go to court again, just asked if a mistake made by the clerk's office could legally negate a judgement.

Clowns should go to their own site and not leave unwanted remarks on my thread. Thanks for nothing, and I would not want you for a mother! Mother's are caring and concerned. Not moronic like you.

What??? I said the clerk likely vacate the judgment & will issue a new trial date; just wait for the new date.

You need to read up on default judgments. Don't be trolling me for telling you truthful advice. You just don't like the facts I posted ... call your legislature to change the law, don't come crying to me.

 

[racer72]

I asked for advice, not a smart aleck response,

You just told us you don't want any help. We are volunteers on this site, we don't need or take any grief from those like you. Good luck, you are going to need it.

 

[jamewingood]

reply to my thread

Is this site a legitamate legal advice site or is it just a site that any person that thinks that he/she is a legal eagle can give advice? I just wanted a simple answer, I was told by the clerk that they are short staffed and mistakes were made in the paperwork. Should we have to suffer just because of mistakes that the clerks office made? We know that the defendant was notified of the court date and time, because the clerk told us that he was being defended by an attorney, and that paper was not included in the orginal file that the judge had. Neither his attorney or the defendant showed up for court. His attorney came to the clerk's office the next morning to tell them that he was not at court the night before. That sounds like the lawyer's mistake, not the clerk's office. Now, we have to have a retrial and the orginal judgement was put on hold.

 

[Zigner]

Should we have to suffer just because of mistakes that the clerks office made?

Of course not! At least now you will get to win the case on its merits, right?

 

[jamewingood]

Yes, I am not worried about having another trial, because the defendant did not do what we had a contract for him to do. What I do not understand, is how do we find out if the mistake was the clerk's office, or the defendant's? Is there a way for us to find out? I am new at this, as I have never sued in small claims court before. This is a company that we have all ready sued and received a default judgement, because no one showed up for court, but us. When we went to pick up the copy of the judgement, is when we received all of this information.

 

[Zigner]

Yes, I am not worried about having another trial, because the defendant did not do what we had a contract for him to do. What I do not understand, is how do we find out if the mistake was the clerk's office, or the defendant's? Is there a way for us to find out? I am new at this, as I have never sued in small claims court before. This is a company that we have all ready sued and received a default judgement, because no one showed up for court, but us. When we went to pick up the copy of the judgement, is when we received all of this information.

It's a moot question.

 

[startedone]

Yes, I am not worried about having another trial, because the defendant did not do what we had a contract for him to do. What I do not understand, is how do we find out if the mistake was the clerk's office, or the defendant's? Is there a way for us to find out? I am new at this, as I have never sued in small claims court before. This is a company that we have all ready sued and received a default judgement, because no one showed up for court, but us. When we went to pick up the copy of the judgement, is when we received all of this information.

and what is your state's rules concerning default judgments? you'll find you are complaining about how court rules affected your case.

 

[jamewingood]

How would I find out about my state's default judgements? Where would I look? I do not mind the work as I want to be as prepared for this second trial as I was for the first.

 

[Zigner]

How would I find out about my state's default judgements? Where would I look? I do not mind the work as I want to be as prepared for this second trial as I was for the first.

It's a moot question. It has nothing to do with the new trial (except it will help you to understand WHY there is a new trial.)

 

[swalsh411]

Is this site a legitamate legal advice site or is it just a site that any person that thinks that he/she is a legal eagle can give advice?

Both. You really think lawyers spend their time giving away advice for free?

You have a very poor attitude dealing with volunteers trying to help you. startedone's first reply was not snarky or mean. If you think it is then you obviously haven't spent much time on forums.

 

[TinkerBelleLuvr]

I asked for advice, not a smart aleck response, if you can not be professional, then you need not reply to my question. I did not say that I would not go to court again, just asked if a mistake made by the clerk's office could legally negate a judgement.

Clowns should go to their own site and not leave unwanted remarks on my thread. Thanks for nothing, and I would not want you for a mother! Mother's are caring and concerned. Not moronic like you.

I suggest that you get your legal answers from a paid attorney.

 

[BL]

For reference:

A Guide to Small Claims Court

For your particular issue see , WHAT HAPPENS IF ONE PARTY DOES NOT APPEAR?

http://www.courts.state.ny.us/Ithaca/CITY/webpageCivilAppealInst.html#webpageCivilAppealInstdefault - this deals with vacating a Judgement and appeals.