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Old 05-18-2017, 12:13 PM   #1
pacman7
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Default If defendant does not show, when is the case canceled?

How long does it take for a court case to be cancelled, or however you say it, if the defendant never turned up to court day?

The judge just had me (the plaintiff) leave but I have not heard anything for three weeks.

New York
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Old 05-18-2017, 03:20 PM   #2
adjusterjack
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Default Re: If defendant does not show, when is the case canceled?

You should have moved for a default judgment that day when the defendant didn't show up.

Now you'll have to file a written motion.

You can use the following format and just modify it for your court, your parties, and your case.

http://www.courts.state.ny.us/courts...orJudgment.pdf
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Old 05-19-2017, 03:04 PM   #3
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Default Re: If defendant does not show, when is the case canceled?

The judge may still send you a judgment in your favor.
Give him/her a few weeks.

Check in with the clerk of the court as well.
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Old 05-19-2017, 10:37 PM   #4
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Default Re: If defendant does not show, when is the case canceled?

Ditto you should have made a default motion for the judge to rule in your favor. Now you have an open case.
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Old 05-20-2017, 11:22 AM   #5
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Default Re: If defendant does not show, when is the case canceled?

The judge did not discuss with you what would happen while you all were waiting?
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Old 05-26-2017, 05:58 AM   #6
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Default Re: If defendant does not show, when is the case canceled?

I still have not heard anything from the court but will keep you all informed. Thank you for the comments!
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Old 05-26-2017, 10:19 AM   #7
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Default Re: If defendant does not show, when is the case canceled?

If the defendant never appear for a court case, the Court will make a final call and will pronounce the order as exparte. You can obtain all the details through your lawyer, you can also get the details from Court site.
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Old 05-27-2017, 02:55 AM   #8
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Default Re: If defendant does not show, when is the case canceled?

There is no call to make. The case simply remains open until it reaches the statutory time for it to be closed or if not governed by statute forever.
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Old 06-05-2017, 05:41 AM   #9
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Default Re: If defendant does not show, when is the case canceled?

Quote:
Originally Posted by pacman7 View Post
How long does it take for a court case to be cancelled, or however you say it, if the defendant never turned up to court day?

The judge just had me (the plaintiff) leave but I have not heard anything for three weeks.

New York
CALL THE CLERK OF THE COURT FOR THE STATUS!
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