small claims case

[spider14]

What is the name of your state (only U.S. law)? MA.

simple small claims case filed, date given, notice sent.
Day of court, plaintiff doesn't appear before Magistrate, but def. and def.
witness do. Magistrate dismisses case.

Plaintiff then upon getting dismissal in mail files motion to vacate dismissal.
Has new court date 12 days later to determine if the vacate motion should be granted. Here's the kicker-- doesn't mail the "motion to vacate" notice
to the Def. till 2 days before hearing, postmarked Mon. for a Wed. hearing.
Def. received notice the night before and could not change schedule to attend court----(keep in mind the case was dismissed already)

In mail today was a notice of Default Judgement against Def. Not only dismissal granted but the original judgement as well.

How does this happen?

Plaintiff was a no show the first time stating "I didn't know I had to stay after checking in" was the actual reason written in the motion.

AND, sat on the notification for 10 days after filing before mailing to the other
party so it would arrive the night before.

I would love any suggestions/feedback My thoughts are: file motion to throw out the "granting of the vacate request/default judgement" due to faulty notice. AND to uphold the original dismissal due to lack of valid reason for missing
first date. Lack of procedural knowledge is unfortunate but should not get her a retry

 

[cosine]

What is the name of your state (only U.S. law)? MA.

simple small claims case filed, date given, notice sent.
Day of court, plaintiff doesn't appear before Magistrate, but def. and def.
witness do. Magistrate dismisses case.

Plaintiff then upon getting dismissal in mail files motion to vacate dismissal.
Has new court date 12 days later to determine if the vacate motion should be granted. Here's the kicker-- doesn't mail the "motion to vacate" notice
to the Def. till 2 days before hearing, postmarked Mon. for a Wed. hearing.
Def. received notice the night before and could not change schedule to attend court----(keep in mind the case was dismissed already)

In mail today was a notice of Default Judgement against Def. Not only dismissal granted but the original judgement as well.

How does this happen?

Plaintiff was a no show the first time stating "I didn't know I had to stay after checking in" was the actual reason written in the motion.

AND, sat on the notification for 10 days after filing before mailing to the other
party so it would arrive the night before.

I would love any suggestions/feedback My thoughts are: file motion to throw out the "granting of the vacate request/default judgement" due to faulty notice. AND to uphold the original dismissal due to lack of valid reason for missing
first date. Lack of procedural knowledge is unfortunate but should not get her a retry

That's what I would do if I were defendant. But unlike plaintiff, I would send the motion to plaintiff in a timely manner and include that as a point in the motion. I'd also go look up any records in the court of this plaintiff being involved in any other court actions. Even so much as one such action can establish that they had prior opportunity to know how to appear in court.