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Defendant was a no show but filed a counter claim

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Valerie123

Junior Member
What is the name of your state (only U.S. law)? California

I was a plaintiff in a small claims court. the defendant didnt show up to court and a judgement was made in my favor. Today I was served with a counter claim to my suit, same case # as my suit, but I was never informed that the defendant filed to vacate the judgement, appeared before the judge re: such, etc. DOesnt the defendant need to appear before the court to explain why they didnt show and if the judge allows they can then file an appeal?
 


CourtClerk

Senior Member
The defendant can't appeal if they didn't show to the trial, a motion to vacate is proper. Once the judgment is vacated, the defendant can file a counter-suit.
 

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