If I was sued due to an auto accident but was late for court and they ruled against me, do I have any options?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was sued due to an auto accident but was late for court and they ruled against me, do I have any options?
Asked on October 19, 2014 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You can make a motion (basically, an application to the court) to set aside the default (the losing because you were not there on time) and reschedule a new trial date. It is not a given or automatic that you will succeed; in order to have a chance, you need to show both that you had a good excuse (e.g. a medical emergency; some major unexpected travel or traffic problem which was beyond your control) for being late and also that you have a "meritorious defense," or some realistic possible defense to being found liable (since if you don't have a defense, there's no point in setting aside the default). You should retain an attorney to help you, unless you are being sued for so little that the cost of an attorney would outweigh what you would have to pay due to losing the case.
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.