Motion to Set Aside Dismissal found in NC after I moved to VA 3 months
Date: Fri, 01/09/2009 - 08:12
I filed a response to the court in a timely manner which stated I had no knowledge, etc.
I joined an e-mail list with the court that sends out weekly updates on upcoming court dates, etc. From that I learned that we had a court date of September 15th, 2008. Thank goodness I had joined the e-mail list because I didn't receive anything in the mail notifying me of the court date.
A few days prior to my court date I went to the court and reviewed the case file. Thank goodness that I did because this is where I learned that the Plaintiff (Mann Bracken for LVNV) had apparently served me with the following discovery requests:
Plaintiff's First set of Requests for Admissions to Defendant
Plaintiff's First set of Interrogatories to Defendant
Plaintiff's First Set of Requests For Production of Documents to Defendant
Along with a Certificate of Service that they had mailed the above to my home address allegedly (according to their letter to me, which was in the file) dated May 19th. The aforementioned papers were apparently filed with the court almost a month prior to this date on April 14th. Another set was also apparently filed on June 2, 2008.
I also found within the file that on July 25th, 2008 (date was whited out on the document in the file) they had apparently filed a Motion for Summary Judgment, which had been signed by a notary on September 5th, 2008. Again with an Affidavit in Support of Motion for Summary Judgement , a Brief in Support of Motion for Summary Judgement. Again, I received none of that either.
I showed up to court on the day and time scheduled (September 15th). I brought along with me copies of Responses to the above requests from the Plaintiff that I had filed the morning just before appearing in court with the idea that I would state to the court that I had never received the aforementioned requests and to plea upon the mercy of the court to accept what I had brought with me today. The Plaintiff did not show up. The judge read through the file and then ruled it to be dismissed without prejudice.
Because he had ruled the dismissal without prejudice, I continued to receive updated from the court with regards to upcoming court cases, etc. Yesterday, I learned in on of these updated that they (Mann Bracken) was coming back at me again. This time they had filed a Motion to Set Aside Dismissal, with a court date of February 9th. Apparently they sent it to my old address in NC.
I received nothing, again. I have also since moved to Virginia in October.
What do I do? I am glad that I came across this because ultimately I know that they could probably receive a judgement against me since I obviously wouldn't have shown up in court because I had no idea.
I called the Clerk of the Court and she advised me she couldn't take it off the calendar, but to possibly file a Continuance in addition to calling the Trial Court Administrator (which I called, but she is out of the office until tomorrow).
Please help. This is becoming a nightmare. What can I do from here in VA? Do I have to travel 6 and a half hours back to NC to take care of this?
Thank you in advance. I appreciate it.
No. You contact the court and let them know that the case was i
No. You contact the court and let them know that the case was improperly filed since you now live where you live, they have to file in the county you currently reside. You should be able to get this case dismissed for improper venue.
Well, I contacted the court and was told otherwise by the Trial
Well, I contacted the court and was told otherwise by the Trial Court Administrative Office. She in addition to Clerk of Court claimed they couldn't take it off the calendar and that I would indeed have to show up to court to argue the improper venue. It seems so unfair that this can be done. It really does and the trial court administrator agreed too and although she can't give out any legal advice, etc, she didn't have very nice things to say about Mann Bracken.
Anyway, I am making arrangements to show up in court. What type of documents should I show up with? And how do I present them?
Maybe they can't take it off the docket...perhaps it is after a
Maybe they can't take it off the docket...perhaps it is after a judgment is in place that you can have it overturned...I am not really sure how one would go about this then. Perhaps you can send a letter to the court, with photocopied proof of your address....I just can't believe they would expect someone to show up in a court not in their own county....perhaps you should consult an attorney over this. Perhaps you can file your answer through the mail system? Also include a motion to dismiss for improper venue? I don't know...that is me just guessing however. Hopefully someone with more knowledge on this will come and help out.