Received a letter of motion to vacate dismissal for want of prosecution...now what?

Asked about 3 years ago - Chicago, IL

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?

Attorney answers (3)

  1. Vikrant Chaudhry

    Contributor Level 11

    Answered . 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.

    This correspondence does not create an attorney-client relationship. It is not meant to provide legal advice in... more
  2. Tara Leigh Goodwin

    Contributor Level 16

    Answered . 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.

    The above response is not intended to create, nor does it create either an attorney-client relationship or an... more
  3. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . If you were in court and they had no reason for missing it, then fight it. However, courts are reluctant to deny such motion because it does not resolve the case on its merits.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice.... more
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