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    cjjay67's Avatar
    cjjay67 Posts: 2, Reputation: 1
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    #1

    Sep 21, 2009, 08:40 AM
    Motion to set aside default, motion to set aside final judgment and motion to set ano
    Hello, I'M in Florida Jacksonville, I have a small problem, I read the time wrong to appear for my small claims court trial and arrived at 11:15am but is was scheduled at 11am 9/3/09.
    I tried to explain but did not get anywhere, so I went downstairs to the courthouse and filed a motion to set aside default, motion to set aside final judgment and motion to set another hearing/by dft, the same day, Soo now 15 days later I received a have a final judgment.. will I get another court date?? Do I need to file a motion to set aside default again?? if someone could help me with this, that would be great! Thanks for your time... cjjay67
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Sep 21, 2009, 09:39 AM

    What was the case all about anywayto start with?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Sep 21, 2009, 10:23 AM

    You missed the Court appearance despite having been notified - obviously the Judge decided not to hold the case until the end and hear it then.

    In my area this would not give you grounds to set it aside. It is unfair to expect the Plaintiff to appear AGAIN and prove up the case AGAIN because you were what basically is 15 minutes late.
    cjjay67's Avatar
    cjjay67 Posts: 2, Reputation: 1
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    #4

    Sep 21, 2009, 11:32 AM
    Quote Originally Posted by twinkiedooter View Post
    What was the case all about anywayto start with?
    Auto repair, no invoice,no estimate, it's a shady buy here pay here lot, had car for 3 months it broke down on me and the lot had it towed back to their lot, when I went to go and see what's going on with the car one of the workers had the engine taken apart, and the owner said we will fix it just give me $500.00 dollars and I will put the rest of it on your monthly payments, I SAID NO... I DID NOT WANT OR ASK YOU TO REPAIR THE CAR... AND 7 MONTHS LATER HE WAS TRYING TO SUE ME... AFTER RESEARCH OF COURT RECORDS HES HAS DONE THIS 15 TIMES STARTING FROM 1989, I JUST READE THE COURT PAPER WRONG, I THOUGHT IT WAS FOR 11:30...

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