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Re: Order to Show cause
by Garry
on October 23, 2016 @15:41
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In our great country, everyone has a right to appeal a court's decision. If your T did not show up for the court date, because he did not receive the change of date notice from the court system, then he SHOULD appeal. What if it were the other way around, and you didn't get the change of date notice, but your T did. The T would have shown up, and you would not, so the T would have won. You will now need to go to the new court date, and prove your case all over again. By the way, the T will have to give a VERY good reason as to why he didn't receive the notice of the date change, especially if the notice of the judgement against him was sent to the same address as the date change notice was, and he received IT.
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Re: Order to Show cause
by Jennie (Nys)
on October 23, 2016 @17:06
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Yes very true,but this is a small town and mail does not get lost that easy.he had received all other notices so that make it strange that this court appearance was not received. Also this tenant can not speak any truths the lies are so hard to keep up with,. I was looking on line if they have to send me anyt documents? Or will the court..? I can not find any information on this subject
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Re: Order to Show cause
by MrDan
on October 23, 2016 @20:11
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This is not an 'appeal' of the courts decision. Your tenant is asking the court to set aside the default judgement by filing a 'Order to show cause'. If the judge grants or has granted the order to show cause, the case will be set aside and a new court date will be set and all parties notified.
You should not spend time worrying about why the tenant failed to show in court, but instead insuring that you can prove your case.
If the judge does not grant the 'order to show cause', then the original judgement will be upheld. The tenant may then file an appeal by following the State appeals process.
If you do receive a copy of the ' order to show cause', it should state what the tenant is asking the court to do. It could be as simple as the default judgement amount is in disagreement.
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Re: Order to Show cause
by Jennie (Nys)
on October 23, 2016 @21:30
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Mr dan thanks for the information. I believe I can prove my case. Where can I research state appeal inform?
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