Q: Can I be taken back to court for a small claim case that was already dismissed? I appeared but the plaintiff did not.
I was being sued by a finance company for the balance of a reposessed vehicle. I live in Indiana but they are out of Illinois. I appeared in court, they did not. The judge then dismissed the case. Two weeks later I receive a letter showing that they filed a motion to vacate the dismissal. I feel like that's wrong. If I would have missed they would have indefinitely placed a default judgement on me. Please help
A: If you would have been defaulted, the court would almost certainly allow you to vacate the default if you moved to do so within 30 days. Courts prefer for disputes to be decided on the merits rather than on a default basis. You should consider hiring a lawyer to defend your position. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
