What to do if I missed a summons for a court date concerning a debt collectionbecause Iwas unavailable to appear because due to being on active duty in another state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I missed a summons for a court date concerning a debt collectionbecause Iwas unavailable to appear because due to being on active duty in another state?
Can they still win?
Asked on February 24, 2012 under Bankruptcy Law, Wisconsin
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
When you say that you "missed a summons", are you saying that you did not file an answer to the complaint (complaint is the lawsuit attached to the summons) within the time set forth in the summons for you to respond? If that is what happened, a default judgment was entered against you. A default judgment means you have lost the case. If that occurred, you will need to file a motion to set aside the default. If the court grants your motion to set aside the default, the case is then back on track and litigation will continue.
If you are saying that you missed a court appearance, the judge may have ruled against you in the case. If you know the case number, you can send someone to the court and with the case number can ask the court clerk to see the file and to find out what happened in the case. The file cannot be removed from the court, but the court clerk can photocopy it. If you don't know the case number, look in the court's computer in the plaintiff/defendant index. Look for your name under defendants and it will display the name of the case and the case number. Once you have the case number, ask the court clerk for the file as mentioned above.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.