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Lucy, Esq.
Lucy, Esq., Attorney
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If I go to court and the other side does not show do I win

Customer Question

If I go to court and the other side does not show do I win by default?
Submitted: 1 month ago.
Category: Legal
Expert:  retireddebra replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  retireddebra replied 1 month ago.

Generally, that is what will happen though if the court believes that there has been an error the court may give the other side a chance to appear at a later date.

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  retireddebra replied 1 month ago.

Is there anything more I can help you with at this point in time?

Customer: replied 1 month ago.
Is this true for the state of Indiana?
Expert:  retireddebra replied 1 month ago.

This question is on the Canada Law list.

I will ask the site to move the question to the US law list.


Expert:  Lucy, Esq. replied 1 month ago.


I'm Lucy, and I'd be happy to answer your questions today.

If the other side does not respond to the Complaint, you're allowed to file a Motion for Default. See Indiana Rules of Trial Procedure, Rule 55. If they've already put in an appearance and the judge is holding a hearing, you can request a ruling in your favor when the other side does not appear. Most of the time, the judge will grant the request, although there are some exceptions.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 month ago.
I already went to court and the other side did not show. That was a few years ago. Now they are taking me to court again for the same thing.
Expert:  Lucy, Esq. replied 1 month ago.

If you're the defendant, and the other party doesn't show up, the case is dismissed. However, a dismissed case can be refiled at any time before the statute of limitations expires.

What type of case is it?

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