Plaintiff Missed Court: Appeal or Vacate?

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AbstrACt

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Long story short: I have been attempting to sue my landlord for quite some time. I believe I have a very strong case.

She has postponed the court dates twice. Last Tuesday I was to be in court at 3pm. It is a two hour drive for me and there was an accident. I sat there and watched the time creep past 3pm. I did not have a cell phone and the court house closed at 4pm. The next day, the court house was closed for St. Patrick's Day.

She counter-sued me for the same amount I was suing her for.

I got a notice today that she was granted a judgment for $1200, plus $40 in court fees.

There's minimal guidance available to me as to how to proceed from here. I believe if given one chance to see a judge, I will win my case.

I am unclear as to whether or not I will be able to get my case heard after missing the court date. Can file an Appeal or if I am required to file a Notice to Vacate?

It appears to me that an Appeal, if an option, is the best one because I will get to have my case heard. But because I didn't show up am I required to file a Notice to Vacate and will it benefit me in to do so if given the option to appeal?
 
Your only legal avenue available to you is a motion to vacate the judgment.

However, you'll lose if your only defense is that you were stuck in traffic.

You need to hire an attorney.

A motion to vacate a judgment (even a default judgment) is not easy to litigate.

You won't get to speak with the judge about this, as the law forbids in camera discussions about legal proceedings with the judge.
 
This is horrible!

It doesn't seem right to me that I have no option to appeal a judgment made against me.

Thank you for posting a reply however, I really hope you are wrong.
 
This is horrible!

It doesn't seem right to me that I have no option to appeal a judgment made against me.

Thank you for posting a reply however, I really hope you are wrong.

I gave you my best legal opinion.

You are free to seek another one.
 
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