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Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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SMALL CLAIMS ISSUE

Resolved Question:

I was sued in Minnesota Small Claims court for selling a car that apparently had some issues. I am a large used car dealer, and I missed the court date by mistake. They entered the default judgment against me personally, and I didn't even own the store at the time, and not my business. I told them it was a business claim, not a personal claim. It now will affect my credit. Can I sue the county for damages or the plaintiff? By the way, she signed the AS-IS form and all other paperwork, not to mention the car had 177,000 miles, which means it is not covered under ANY used car laws.
Submitted: 5 years ago.
Category: Business Law
Expert:  Ellen replied 5 years ago.
Hello,

So sorry to hear of your dilemma. I will strive to provide you with legal information to assist you. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

As per your post, a judgment was entered against you because you failed to attend the court date. Since you did not attend, the court entered a default judgment granting the relief requested. You may file a motion with the court to set aside the judgment. You will need to convince the court that your failure to attend the court date was due to some type of an excusable error and that you would prevail on the merits of the action.
Customer: replied 5 years ago.
The timeline for removal has passed. I had it on my calender for May 26th, when in fact it was May 19th. I have missed the deadline. This case is completely frivolous, and I am set to receive some major credit damage by this. I was in the room when the mediator asked the plaintiff if she was sueing me or the business, and she said business and I agreed as it is not a personal issue! I now want to go after damages, or have the judgement thrown out, advice please on that.
Expert:  Ellen replied 5 years ago.
Thank you for the opportunity to clarify.

Since you missed the deadline the court entered a default judgment. To vacate the default judgment you need to file a motion with the court to set aside the judgment. You will need to convince the court that your failure to attend the court date was due to some type of an excusable error (an error on your calendar) and that you would prevail on the merits of the action(because the case is frivolous) .
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