Told that Court was Cancelled, but Not Notified of New Date, Defaulted

[twalker]

My question involves court procedures for the state of: TN

A friend of mine moved out of her rental house Sept of last year. She left some damage to the house that needed to be repaired. The damage was 2 or 3 interior doors and frames that needed to be replaced and a few inch hole in the wall. So an officer comes to her new place with a summons. She was being sued by the owner (a prominent local business owner) for somewhere around $2000.

On the court date, she went there just to be told that it was canceled due to the snow and she would be contacted. She was not contacted again. So 2 or 3 weeks later she called and was told that they already had her court date and that since she wasn't there the judgment was against her in the amount of over $4000. That's twice what she was being sued for in the first place. She was told that they left a voicemail (at a number that isn't hers), so they did inform her. We live in a small town and neither of us are from here. This just seems to ooze corruption to me. Can anything be done?

[Mr. Knowitall]

When your friend looked in the court file to determine when and how she had been sent notice of the new court date, what did she learn?

If the only notice was given by phone, which seems unlikely, who gave it, how did the court get that phone number, and whose phone number was it? If that is the phone number listed as hers on the original complaint, did she ever provide the court with a correct phone number?

[twalker]

My friend was told by the Deputy Clerk that she had left a voicemail for her informing her of the new court date. My friend asked what number and the clerk gave her a number that is not hers. I'm assuming they got the number from her former landlord. She does not know whose number it is. I guess on the paper they gave her, they also had her mailing address wrong as she has a PO box and cannot received mail at her physical address. The clerk did not say that they had also sent a letter, just the voicemail. On the original paperwork served to her by an officer, they do also have the wrong information. No, she did not inform them of their mistake nor provide the correct information... Even with that though, how did she end up with a judgment more than twice the original suit?

[Mr. Knowitall]

I'm not asking for assumptions or even for oral representations. I'm asking about what is actually in the court file.

You say "they also had her mailing address wrong as she has a PO box and cannot received mail at her physical address" - meaning they had her correct street address, but mail would have been returned? How did she expect to receive notices from the court if she knew they didn't have either her phone number or a working address at which they could send her mail?

One way or the other, your friend needs to bring a timely motion to set aside the default - tomorrow isn't too soon (and I hope it isn't too late).

I was not in court, so I have no way of telling you how the damages award was calculated.