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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
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Experience:  Attorney
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I have a pending civil lawsuit with an ex-employer who has

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I have a pending civil lawsuit with an ex-employer who has an attorney representing her. I also have a pending criminal court charge related to this same case that is simultaneously pending. I am attempting to use the civil trial as discovery and to also prove that I she did owe me money and did in give me the car she says I embezzled so as to hopefully negotiate away the criminal court case. Or in the least catch the Employer in a plethora of lies that I can use in the criminal trial if there is one. She however has been stalling the civil trial a couple different ways. At the last court date her attorney did not show up. Then she lied to the court and said she would be unavailable for the entire month of December(No dates were available in November already) but was seen several times at the dealership and all the while her attorney has given me and my co-plaintiff phone numbers to reach him that do not work. Now I hear from one of the witnesses that i subpoenaed that she is not planing on being in court next week for the next civil hearing. I'm sure its just another stalling tactic and I'll have 9 witnesses there on our behalf. Do I have any recourse in this matter?
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this is happening.
Is the hearing next week your trial date? If not, what is the purpose of the hearing?
Customer: replied 3 years ago.

yes its the trial date Lucy

Thank you.


If she's not at the trial, you can ask the judge to enter a default judgment against her and rule in your favor. If her attorney appears and she doesn't, you can ask that the trial be allowed to proceed without her (you can first ask for dismissal). If she's not there, her lawyer can call other witnesses, but will have a hard time proving the case without a key witness (this is good for you, usually).


If necessary, you can remind the judge that there have been multiple delays, all due to the other party, and that she has no excuse for not attending these hearings. If he chooses to give yet another extension, ask him to directly issue an order that she appear at the hearing - with her attorney - or she will be held in contempt of court.


Please rate my service positively before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - otherwise, please reply so we can continue the conversation. Good luck.
Customer: replied 3 years ago.

ok above you mention default judgement on one line and dismissal on the subsequent line. Are they essentially the same?

I'm sorry. Both mean that you win. Since you said that you're the plaintiff, you'd be asking for a default judgment in your favor. That's what you want - the judge will say that you win. If the damages are provable to a reasonable certainty, you can get a judgment for a given amount. If you were the defendant, you'd be asking for dismissal.
Customer: replied 3 years ago.

OK yes I'm the plaintiff in this civil case(the defendant in the related criminal case) Will i be required to and more importantly CAN I STILL put on my witnesses in her absence anyways?

It's up to the judge. If he will enter a default judgment in your favor based on her not being there, which he has discretion to do, you only need to call witnesses that can testify as to the amounts she owes you. If he decides to proceed with the trial in her absence, then you'd want to be prepared to call all of your witnesses.
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