My question involves court procedures for the state of Minnesota
Last March (2011), after our case was filed, the court sent us an Order of Trial letter stating that the trial date would be any day with in a 5 week window the following fall and they can call the case with 4 hour notice. It also required notice if either party moved, had a conflict during that window and to provide contact phone number. None of this information was provided by the defendants. They did respond to our questions and singed a Joint Statement of Case in late August. They knew of the case and the pending trial window.
Neither defendant showed up for the trail in late September. Two weeks later, they sent a letter the judge stating that they had moved and did not receive the letter from the court scheduling the trial. The judge's clerk responded that the letter did not follow appropriate procedure and a actual motion must be filed. They never filed a motion. We received a judgment on December 30, 2011. It is my understanding they had 60 days to appeal. We waited until day 61 to send them an email requesting they pay us before we try and collect (ugggggg). He responded that they intend to file a motion for a "retrial" this week.
Can they do that? Could it succeed? What I am afraid of is that they can drag this on and get us to spend more money and time. Any thoughts would be greatly appreciated.