I was talking to a friend about a lawsuit that was filed against me earlier this year. I was served only a week and a half prior to the court date and she told me that they are required to serve me a month before the court date. I wasn't able to make the court date on such short notice due to work and judgement was found against me. Is there a chance I can appeal this judgement since proper procedure wasn't followed. Was my friend right?
2006-09-04 16:21:50 · 5 answers · asked by slytherin_95 4 in Politics & Government ➔ Law & Ethics
Appeal the judgment citing that there was no due notice to appear in court. Cite the appropriate provisions in the rules of Court and you appeal will be acted upon favorably.
2006-09-04 18:08:49 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
You are supposed to be served no less than 15 days prior to court date. File an appeal.
2006-09-04 21:37:16 · answer #2 · answered by alexandria h 2 · 0⤊ 0⤋
Generally, it needs to be months before, or weeks before for small claims matters. There are exceptions, however
And what was entered was probably a default for non-appearance, rather than a judgment on the merits. The difference is that a default may be set aside by the court itself given sufficient grounds, but you need to hurry.
You also might want to talk to an attorney, unless this is small claims court.
2006-09-04 16:26:41 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
I don't know what court would set a date for trial so soon after the case was filed. Something sounds fishy. There should have been plenty of time set for discovery.
2006-09-04 16:26:30 · answer #4 · answered by Brand X 6 · 0⤊ 0⤋
you can, but you can ask for an extention
2006-09-04 16:28:50 · answer #5 · answered by acid tongue 7 · 0⤊ 0⤋