What is the name of your state? IL
Duplicate post under Landlord/Tenant
What is likely to happen in this breach of contract/Small Claims Court lawsuit?
Due to personal financial issues, I broke my rental lease contract and vacated the property.
The law firm that is representing me on those other legal issues agreed to represent me in the Small Claims Court lawsuit filed against me. However, since no one appeared to represent me in court (nor filed an appearance to represent me) for the 8:45 call, the plaintiff was awarded a default judgment of almost $5000 against me.
The law firm has filed a Motion to Vacate Default Judgment. However, with timestamps of 9:30-9:40 on the various documents supporting that motion (for an 8:45 schedule), on what grounds can *lawyers* successfully vacate a default judgment for a failure to have *any* representative of the law firm appear at the time specified in the subpoena?
If the plaintiff or lawyer for the plaintiff had simply been "late" to court due to unexpected traffic or "more important issues" or whatever, could the plaintiff have filed a motion (and succeeded?) to reinstate the lawsuit after it had been *dismissed* by court order?
Or do lawyers have broader latitude for missing *required* court appearances than plaintiffs or defendants do? Couldn't even a secretary or intern of the law firm have appeared to simply set a trial date??
Since I trusted the law firm when I was told that I didn't need to appear, can I sue the law firm for the amount of the default judgment that was due to their *negligence*?
Is this why lawyers are held in such disregard?
Duplicate post under Landlord/Tenant
What is likely to happen in this breach of contract/Small Claims Court lawsuit?
Due to personal financial issues, I broke my rental lease contract and vacated the property.
The law firm that is representing me on those other legal issues agreed to represent me in the Small Claims Court lawsuit filed against me. However, since no one appeared to represent me in court (nor filed an appearance to represent me) for the 8:45 call, the plaintiff was awarded a default judgment of almost $5000 against me.
The law firm has filed a Motion to Vacate Default Judgment. However, with timestamps of 9:30-9:40 on the various documents supporting that motion (for an 8:45 schedule), on what grounds can *lawyers* successfully vacate a default judgment for a failure to have *any* representative of the law firm appear at the time specified in the subpoena?
If the plaintiff or lawyer for the plaintiff had simply been "late" to court due to unexpected traffic or "more important issues" or whatever, could the plaintiff have filed a motion (and succeeded?) to reinstate the lawsuit after it had been *dismissed* by court order?
Or do lawyers have broader latitude for missing *required* court appearances than plaintiffs or defendants do? Couldn't even a secretary or intern of the law firm have appeared to simply set a trial date??
Since I trusted the law firm when I was told that I didn't need to appear, can I sue the law firm for the amount of the default judgment that was due to their *negligence*?
Is this why lawyers are held in such disregard?
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