I was recently summoned to court for a cc debt from 4+ years ago. I went to court but the lawyers representing the plaintiff never showed so the case was dismissed. Today I received a letter stating motion to vacate dismissal for want of prosecution. Is there something I should do? How will I know if the court approves or denies it?
It sounds like the attorneys for the other side filed a motion with the court to vacate that dismissal that occurred. A motion to vacate is a request to withdraw an order or judgment that the court previously rendered.
You can either oppose the motion if you have any legal bases for doing so, or do nothing at all. It depends on your specific circumstances. The motion should have been set up for a hearing date, which should be on the motion papers you received. You can attend the hearing at that time and will be able to see how the court rules on the motion.
You should contact an attorney who specializes in representing consumers to see if you have any good defenses to the case. If there is no written contract, and you made your last payment or charge over five years ago, you may have a statute of limitations defense. You should also attend every court date -- otherwise their motion will be granted, and then they will obtain a default judgment against you. They should send you notices if you don't attend court, but, as I said, you should not skip any court dates.