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defendant refuses to pay

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chickenb

Junior Member
What is the name of your state? I'm in Illinois
I have gone through the small claims process and the defendant still refuses to pay I just reseived a letter to day that she left with my mom about a motion to vacate judgement do to the fact she missed the trial day therefor they found in my favor by default, she said in the motion the reason she missed is her house got robbed the night before while she was sleeping I checked and there is no listing of a robbery that night at all. can she do that.
 


Happy Trails

Senior Member
chickenb said:
What is the name of your state? I'm in Illinois
I have gone through the small claims process and the defendant still refuses to pay I just reseived a letter to day that she left with my mom about a motion to vacate judgement do to the fact she missed the trial day therefor they found in my favor by default, she said in the motion the reason she missed is her house got robbed the night before while she was sleeping I checked and there is no listing of a robbery that night at all. can she do that.
Apparently she is going to try.

So you don't know if there was a police report? That's something I would try to find out.
 

JETX

Senior Member
chickenb said:
can she do that.
Yep. She has every right to file a 'Motion to Dismiss'. If she does, simply respond that you would like her to prove her claim (Show Cause) and ask for a hearing to be set. Then, appear in court with your 'evidence' to challenge her motion. If the court grants her motion... you get to present your claim to the court..... so be prepared for that also. The court might decide to hear it right then.
 

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