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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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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: 10 months ago.
Category: Legal
Expert:  retireddebra replied 10 months ago.

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

Expert:  retireddebra replied 10 months 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 10 months ago.

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

Customer: replied 10 months ago.
Is this true for the state of Indiana?
Expert:  retireddebra replied 10 months 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 10 months 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.

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Customer: replied 10 months 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 10 months 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?