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  1. #1
    Join Date
    Mar 2008
    Posts
    3

    Default Judgement Taken Against Me Even Though Plaintiff Didn't Show Up

    Missouri. Action was brought against me in Dec. 2007 and a court date was set for Jan. 2008. I went to court and entered a general denial plea. A week later I received notice that another court date had been set for Feb.. I went to court like I was instructed, but the plaintiff didn't show up this time. I asked the judge to dismiss the case, but he told me it wasn't that easy. He said something about setting the case aside. Today in the mail I received a letter stating that default judgement had been taken against me and that my paycheck would be garnished. It seems to me that they missed a few steps during this process. I showed up and the plaintiff didn't, but judgement was still taken against me. How is that possible?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Judgement Taken Against Me Even Though Plaintiff Didn't Show Up

    well, from what you have posted, is shouldn't have happened. Are you sure there was not a subsequent hearing that you missed?

    You need to go back and find out when the judgement was ordered. If it was for a hearing you had not recieved notice, you need to contest the judgement on the grounds of no notification of a hearing. If you were provided notice, when and how should be in the records.

  3. #3
    Join Date
    Mar 2008
    Posts
    3

    Default Re: Judgement Taken Against Me Even Though Plaintiff Didn't Show Up

    Thank you for responding JK. I went to the courthouse to look at my case file and it said that default judgement had been entered against me the same day of my Feb. court date. It said that I failed to appear that day even though I was there. There were no subsequent hearings.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Judgement Taken Against Me Even Though Plaintiff Didn't Show Up

    then you need to file a motion with the court to set aside the ruling based upon improper action and incorrect court records.

  5. #5
    Join Date
    Mar 2008
    Posts
    3

    Default Re: Judgement Taken Against Me Even Though Plaintiff Didn't Show Up

    Thank you for the suggestions. I don't want to seem like a deadbeat; if there was a valid debt I would pay it; but do you have any ideas how to get this dismissed on some type of technicality due to the courts errors?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Judgement Taken Against Me Even Though Plaintiff Didn't Show Up

    chances are you are not going to get it dismissed due to this. It would be unfair to the plaintiff to do so but you could try. Filing a motion for dismissal due to to the plaintiff not showing at that same hearing should do it but it should have done it back when you originally requested it the first time too.

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