Was never told of court date

[Maninneedofhelp]

What is the name of your state? South Carolina

I have been taken to court for fraud. The only paperwork I got before the court date was the case itself, which I answered but only to the other persons lawyer I did not know I had to send a copy to the court. The clerk of court sent me a letter to inform me of the court date, but the letter was dated the 26th and the court date was the 1st of the next month. I did not get the letter from the clerk of court until the 14th of the month after the court had already made it's judgment. Is there anyway I can make them set aside the judgement and have a new trial where I will have the time and information I will need to defend myself?

I feel like my rights have been walked all over by them not informing me of the date with enough time to go to court or even not getting the information untill it was to late to do anything about it. Can I counter sue?

 

[I AM ALWAYS LIABLE]

What is the name of your state? South Carolina

I have been taken to court for fraud. The only paperwork I got before the court date was the case itself, which I answered but only to the other persons lawyer I did not know I had to send a copy to the court. The clerk of court sent me a letter to inform me of the court date, but the letter was dated the 26th and the court date was the 1st of the next month. I did not get the letter from the clerk of court until the 14th of the month after the court had already made it's judgment. Is there anyway I can make them set aside the judgement and have a new trial where I will have the time and information I will need to defend myself?

I feel like my rights have been walked all over by them not informing me of the date with enough time to go to court or even not getting the information untill it was to late to do anything about it. Can I counter sue?

My response:

Did you move from the residence where the defendant had last known that you lived at?

IAAL

 

[Maninneedofhelp]

I did not move and the person that took me to court lives at the end of my street so they know how to reach me. What can I do?

 

[Ladynred]

In the summons and complaint that was served upon you, and which you answered, there should have been instructions for answering the complaint, and that includes who the Answers get sent to - usually the lawyer for the plaintiff AND the court. It sounds like you goofed to start with by not filing your answer with the court.

You may still be able to appeal the judgment if this happened recently.

 

[Maninneedofhelp]

There were no instructions with the papers I got at the beging of all of this.
I wish somone could tell me it I can make the set aside the judgment and have a new court date.

 

[JETX]

You can certainly file a "Motion to Vacate" the judgment. The court should then set a hearing where you would be able to present your reasons on why the court should grant your motions. The plaintiff will also present why it should NOT be granted. The court would then make a decision on the motion.

However, based on your post, I would assume that your failure to answer to the court allowed the plaintiff to move for a default judgment, and the court granted it. The 'notice' you then received from the court was the notice of judgment..... after the default was granted.

What is the date (YEAR) of the judgment??
Most states provide a deadline for filing motions after a judgment has been rendered and it may have expired in this case.

 

[Maninneedofhelp]

It just happened so I know I still should have time.