Can not appear!

[Pam Andrews]

A suit has been filed aganist me in Magistrate Court, I did answer in a timely manner but...... then recieved notice of the scheduled hearing one day prior to the hearing.(the registered mail actually came while I was on vacation) I can not attend the hearing I have had surgory scheduled for quite some time. What do I do??? Am I automatically found in default? What can they do to me for not appearing. Can my husband appear for me? HELP!

PA

 

[JETX]

Unless your husband is a listed party, he can't appear on your behalf.

If you don't appear at the scheduled time, a default judgment COULD be entered against you, assuming that the Plaintiff shows up.

If the "notice of setting" was sent properly, and signed for, then you have been notified. The fact that you were on vacation (or any other reason), is not AUTOMATICALLY excusable. You should contact the court IMMEDIATELY and advise them of your circumstance. They may ask for written notice (send them a FAX) and ask for a continuance. It will be entirely up to the court to determine if they will allow it.