If I don’t show up will the plaintiff win by default and if so can I appeal, if so what are the steps?

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Originally Posted by jondun

If I don’t show up will the plaintiff win by default and if so can I appeal, if so what are the steps?

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If you don't show up and a Judgment is taken against you, you need grounds to set the Judgment aside - you've already posted that you've been served in this matter and are considering simply not appearing.

What would be your grounds for setting the Judgment aside?

If you don't show up, you will lose, they will win and get a judgement,

If there is a valid reason to appeal, you can, "invalid service" but you were served,

So you lose a lot of your reasons to appeal when you don't show up, since many come from procedure during trial.

Appealing a case is going to cost you more in the long run. You'd be better off showing up and if you can't, file a motion with the court in an appropriate time and ask for a continuance. But if you just don't show up, it's going to make it 10 times harder for you to get the judgment reversed.

You have to have a darned good legal reason to get a judgment reversed. Why bother as the Plaintiff is just going to refile the lawsuit against you anyway. Are you just trying to stall for time or just hiding your head in the sand hoping it will go away?

You not showing up shows the Judge you are not interested in the outcome of the case.