[Tomasello]

Hello, A while back I showed up at court for my case management conference based on a credit card balance. I am the defendant in this case. When I showed up at 2:00 I had learned that the plaintiffs counsil was at court at 9:00 am and I was ordered judgement in this case for not showing up I. I explained to the judge that I was not notified in this case and he got up and walked out of the courtroom seeing that I was the last one to be heard. Plaintiffs motion to assess attorneys fees was also granted and again I was not notified. I filed a motion to vacate judgement based on non notification and I asked for motion to be heard on 12-17-09 seeing that I am due back in court at that date for the court to execute my property. Instead of applying the motion to vatate on 12-17-09 the motion is scheduled for 12-24-09. This does not sound right huh?

[Fr_Chuck]

You can not get the date you want for a hearing?? I wouild say that if you requested a date for a hearing this month, just the fact they are even hearing it this month is strange, often it may be a month or two to get into a hearing date.

And why were you at court if you were not served notice

[ScottGem]

Very often notice of court hearings don't specify a time, only a date. Unless you can show that you had a conference scheduled for 2PM, then its likely you won't get a motion to vacate granted.