What is the name of your state (only U.S. law)? Michigan
1) I sued Defendant for money. I followed the Michigan court procedures including service.
2) Defendant did not show at friend-of-court hearing ("hearing 1"). FOC referee made recommendation to give me money judgment.
3) One month later I get a hand written court order referring case back to FOC referee based on a hearing ("hearing 2") and additional evidentiary papers I know nothing about. Order seems to be in defendant's handwriting, but is genuinely signed by judge given that I also received notice of hearing ("hearing 3") from the court itself about the same time.
This defendant has a history of filing objections and asking for a hearing without copying other partys (plaintiff or plaintiff's lawyers). The first time it happened to me, my attorney found out about it by accidentally checking the court calendar and seeing my name attached to a hearing. The defendant was ultra-surprised that we showed.
I think it happened again. I think:
A) Defendant filed objection with court. (Uncertain if they actually did...and uncertain whether filed within 21 days of default judgment recommendation by FOC).
B) Defendant got hearing date.
C) Defendant attended hearing ("hearing 2") and I did not.
D) Defendant claimed more evidence and got a judge-signed order for yet another, further hearing ("hearing 3").
... all without any notice to me.
I am dead certain that I have a right to a copy of any and all papers filed in the case. I am fairly certain that the defendant (not the court) had a duty to serve me (at a minimum by first class mail) of the hearing that I "missed".
So, here I am ... hopping mad, looking at another hearing date (out of state for me) and not knowing whether to file a motion, make a verbal objection at the hearing, how to possibly get defendant slapped with contempt, how to even get copies of papers filed, etc......
Plus...even if I have such things...what and how to ask for sanctions against defendant.
Help me Obi-Wan FreeAdvice-nobi ... (you're not my only hope ... but I needed to vent and maybe someone could guide me...)
To restate: Me=won-default-judgment, defendant=secret-hearing-days-later-won-judge-signed-order-to-additional-hearing, justice=peeking-out-from-blindfold-and-showing-favor
HVAC
1) I sued Defendant for money. I followed the Michigan court procedures including service.
2) Defendant did not show at friend-of-court hearing ("hearing 1"). FOC referee made recommendation to give me money judgment.
3) One month later I get a hand written court order referring case back to FOC referee based on a hearing ("hearing 2") and additional evidentiary papers I know nothing about. Order seems to be in defendant's handwriting, but is genuinely signed by judge given that I also received notice of hearing ("hearing 3") from the court itself about the same time.
This defendant has a history of filing objections and asking for a hearing without copying other partys (plaintiff or plaintiff's lawyers). The first time it happened to me, my attorney found out about it by accidentally checking the court calendar and seeing my name attached to a hearing. The defendant was ultra-surprised that we showed.
I think it happened again. I think:
A) Defendant filed objection with court. (Uncertain if they actually did...and uncertain whether filed within 21 days of default judgment recommendation by FOC).
B) Defendant got hearing date.
C) Defendant attended hearing ("hearing 2") and I did not.
D) Defendant claimed more evidence and got a judge-signed order for yet another, further hearing ("hearing 3").
... all without any notice to me.
I am dead certain that I have a right to a copy of any and all papers filed in the case. I am fairly certain that the defendant (not the court) had a duty to serve me (at a minimum by first class mail) of the hearing that I "missed".
So, here I am ... hopping mad, looking at another hearing date (out of state for me) and not knowing whether to file a motion, make a verbal objection at the hearing, how to possibly get defendant slapped with contempt, how to even get copies of papers filed, etc......
Plus...even if I have such things...what and how to ask for sanctions against defendant.
Help me Obi-Wan FreeAdvice-nobi ... (you're not my only hope ... but I needed to vent and maybe someone could guide me...)
To restate: Me=won-default-judgment, defendant=secret-hearing-days-later-won-judge-signed-order-to-additional-hearing, justice=peeking-out-from-blindfold-and-showing-favor
HVAC