What are my rights if the attorney for the credit card company didn’t show up for the court date?
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What are my rights if the attorney for the credit card company didn’t show up for the court date?
I was summoned to court for a judgement to be placed against me for a credit card non payment of $1900.00. I attended court and our case was called but the attorney for the credit card company wasn’t there. The judge just shrugged and said he must be running late and that i could go. I waited about 2 hours. Was this fair as i wanted to explain my situation and ask for some type of re payment planbut i wasnt given a chance. I had tried to talk with attorney but i told them over and over again I could not pay what they were asking. Now I have judgment. What can I do now?
Asked on July 31, 2012 under Bankruptcy Law, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, it is not fair. But what happened was that they waited and unfortunatley he came after you left, they called the case again and since you wre not there they granted the motion on default. What you need to do is to make a motion to vacate the default judgement and put in the affidavit that you were there to defend your case and did appear before the court. What you need though may be what is called a "meritorious defense" and that is where you may be stuck. You are going to need help. Try legal aid. Good luck.
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