What to do if I missed a summons for a court date concerning a debt collectionbecause Iwas unavailable to appear because due to being on active duty in another state?

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What to do if I missed a summons for a court date concerning a debt collectionbecause Iwas unavailable to appear because due to being on active duty in another state?

Can they still win?

Asked on February 24, 2012 under Bankruptcy Law, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When you say that you "missed a summons", are you saying that you did not file an answer to the complaint (complaint is the lawsuit attached to the summons) within the time set forth in the summons for you to respond?  If that is what happened, a default judgment was entered against you.  A default judgment means you have lost the case.  If that occurred, you will need to file a motion to set aside the default.  If the court grants your motion to set aside the default, the case is then back on track and litigation will continue.

If you are saying that you missed a court appearance, the judge may have ruled against you in the case.  If you know the case number, you can send someone to the court and with the case number can ask the court clerk to see the file and to find out what happened in the case.  The file cannot be removed from the court, but the court clerk can photocopy it.  If you don't know the case number, look in the court's computer in the plaintiff/defendant index.  Look for your name under defendants and it will display the name of the case and the case number.  Once you have the case number, ask the court clerk for the file as mentioned above.


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