Well, I went to court today on my case where the finance company was sueing me for money they say I owe after I sent back the material to the 'college network'(see previous post) When it got to my turn, they never showed up for court.(I was hoping it was just a scare tactic and this would happen). The judge said he would put in on recall for july 11 and if they didn't show up then he would dismiss it. What the heck?! Is this common?
I do not know if this is common, but it is a good example of the need for an attorney, and someone to navigate you through the process. I am not that familiar with all the legal proceedings, but it seems that they defaulted on their case. But, I beleive you must petition the court for dismissal. Did you object to the rescheduling? Did you request a dismissal? I would use the time (unitl July 11), to see if you can get this thrown out.
I believe that it may be common. It happened to me also when a CA took me to court on behalf of Citibank. The magistrate adjourned it to a later date because the CA's attorneys didn't show. Then the attorneys tried to get slick and said that they couldn't make that date because they had another court date in another borough (I'm in NYC). That pissed the magistrate off and he adjorned the case again, marked it final and said that if they don't show up on that date the case will be dismissed. Lo and behold, they didn't show up on that date either and the case was thrown out! Just sit tight. As long as you know your rights and things are in your favor, let them drag it out until the judge gets pissed and throws it out.
I really don't think they'll show up either on the next date. they're a couple of states away. It was just irritating. thanks for the replies.
Three things can happen if the plaintiff fails to show. The judge can re-schedule it, like he did. The judge can dismiss permanently. The judge can dismiss it and allow them to re-file it. One and two or most common. Especially considering the judge is wasting his time when they choose not to show.
If it gets dismissed (I believe it will if they don't show up) how do I get it off my credit report. They can't just keept it on there after they didn't even show up for court and it was dismissed, can they?
I would dispute with the CRAs in written form, adding copies of dismissed case. State that the account is not assignable to you.
They showed up!! I'm so mad I could spit!! I went to the rescheduled hearing July 11th and of course they had a representative there! THis is just not fair! I had an option to speak with their attorney (who was local by the way,even though the company is a couple of states away). My three options were: Hire an attorney. Which of course I can't afford. Let them place a judgement on me. (And I guess get garnished or something) Contact the company directly and work out a settlement or payment plan. I received no services at all from these people and I do not owe them anything! But I guess I'll call them to see if they'll settle as it will be cheaper than an attorney. Grrrrrrrrr!!!!
Dixie, Just wanted to say I am sorry to hear that. I hope everything goes well for you. If they refuse to settle you need an attorny, some will let you pay them out, you may want to look up legal aid and see if any options are there. Tegleg
I guess I just don't understand the legal system; we see numerous cases of military personnel losing child custody and visitation due to "not showing" in court, when they are deployed defending our country. The court system cannot seem to be able to "reschedule" these defenders of our freedoms, yet they give a case like this all chances to "do over", after just ignoring the first date. I would try to find an attorney who may work with you on the fee and payment options. I think you need one in a case like this.
wonder what would have happened if counter suit was filed. would summery judgement have been levied to the party who was there? lord knows if you didnt show up summery judgement would be for the plantif
