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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16288
Experience:  15 years exp all aspects of general law
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I missed small claims court (as plaintiff) suing someone for

Customer Question

i missed small claims court (as plaintiff) suing someone for $500.
I forgot the date since it was way out ...too much going on.
Obviously defendant won by default.
Can I take any other action against this person or is case permanent closed.
I took him to court where he lives where work was done.
Can I take him to court where I live? I am a self employed person.
thanks
Submitted: 6 months ago.
Category: Legal
Expert:  Legalease replied 6 months ago.
Hello there ---You cannot take him to another court because he can just present the default judgment and the new court will dismiss your case again as having already been "adjudicated" (heard by a court). What you can do under these circumstances is file a Motion to Remove Default judgment and in that Motion if you give a good reason why you missed the hearing, the court can set aside the default and let the case move forward as a small claims matter. You may be able to get a form motion at the clerk's office of the court where you filed, but if not then you will have to write up the motion on your own. It really only has to be a one page document with the court name and case caption and case number ***** the top and then a heading MOTION TO REMOVE DEFAULT and then one paragraph about why you missed the court hearing in the first place. Generally speaking, you need to have a good excuse such as a doctor's appointment or some other emergency as the reason for missing the court hearing in the first place -- just generally forgetting the hearing date will not be enough. -Please let me know if you have further questions. If not, can you please press a positive rating above so I will be paid for my time. I am paid nothing unless you press the middle, or the fourth or fifth star to the right of the middle star above. THANK YOU VERY MUCH-MARY
Expert:  Legalease replied 6 months ago.
Hello there ---If you have no further questions, can you please press a positive rating so I will be paid for my time for assisting you with these questions? I am paid NOTHING unless you press a positive rating above in the ratings section (pressing the middle star, or the fourth or fifth star to the right of the middle star are all positive ratings). Pressing a positive rating will not cost you any additional money -- it is just the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!!-MARY

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