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  1. #1

    Angry Accidentally Missed My Small Claims Court Date

    I have been out of town for the past 2 weeks now, and I returned last night for my small claims court date that was scheduled today (Saturday of all days).

    Well, I live 6 minutes from the courthouse. However, apparently there was traffic due to construction that held me in traffic for 40 minutes! Having been gone for 2 weeks I had no idea this volume of construction was going on. In fact, the whole backup was centered for 1.5 miles, meaning it took 40 minutes just to go 1.5 miles! I was 20 minutes late to my court and when I arrived, there was no one in the precinct. I also attempted to call the court but being it was a weekend, the offices were closed and I couldn't reach anyone. I even seen someone switch sides with his passenger, and ran down the highway torwards the court. I was tempted to just park my car right there in the middle of the highway as well.

    This is from a hit and run accident back in January...I am so upset about this I have to call the court Monday and find out what happened. So, would this automatically be a default judgement? Whats the next step? Has it ever happened to you?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Accidentally Missed My Small Claims Court Date

    Your best bet when running late is to contact the court and explain the cause of the delay and when you'll be arriving at the courthouse.

    Let us know what you learn from the clerk.

  3. #3

    Default I'm About to Sue These M.f.ers

    This is ridiculous. I am stewing in anger right about now. After 6 months has passed, I finally get my small claims court date last week. Well, not only did I end up missing the damn thing due to traffic on a god damn saturday morning, but turns out also that the defendent never ****ing showed up either

    So now Im considering suing the insurance company because I dont have time to be waiting around for this shit anymore. The only reason they denied is because they took his statement that he was not driving the vehicle, yet it was a hit and run accident! And he lives alone and couldn't even say WHO was driving the car. I know it was him, his insurance knows it was him too!

    Im tired of waiting around this Bullcrap!, ARRRRRRRRRRRGGGGGGGGGGGGGG

  4. #4

    Default Worth Suing For, or Should I Move on

    7 months after a hit and run accident, I have officially gained an estimate of negative -$600 since the accident (meaning, I've had to spend that much for repairs, pulling police reports, parking downtown to talk with police, etc.)

    Well, now I am needing to move out of state in about a week and I ended up missing the scheduled court date last month due to a road block. Also, the defendent didn't show up to court that day either. But the judge still dismissed the case even though he was at fault.

    Anyhow, Im just wondering if its worth all the trouble now. I'd have to pay $91 to file, and then more than likely another $230 to execute a writ of garnishment. I'm asking for 4,000 but am considering to ask the maximum limit of $10,000 once I file the suit again.

    I couldn't get any attorneys to represent since I hadn't sought medical attention, so its basically just $2,500 damage to my car. I'm unsure as to what to do about this now because its like 45 days for the next trial date if I re-file. What would you do?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Accidentally Missed My Small Claims Court Date

    You previously indicated that you lost by default. If you lose a suit, you don't get to file a brand new suit and start over.

  6. #6

    Default Re: Accidentally Missed My Small Claims Court Date

    well, the judge is allowing me to re-file the case, as it was dismissed 'without predjudice'.

    Its just the trouble of coming up with the filing fee

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