Why am I getting a Motion for Default for Failure To Appear?

I have filed an appearance in a summary process eviction case. The clerk told me that I would receive a court date within 5 to 10 working days. Meanwhile, I have received a Motion For Default For Failure To Appear And Judgment For Possession. What does this mean? I have not yet received a court date.Why am I getting a Motion for Default for Failure To Appear?Did you really "file an appearance for court" or were you served with a "court summons"? The way your question reads, you can either be the tenant or the landlord because either can make a claim for possession in an eviction case.



1) Because you failed to show up for court.

2) Maybe the clerk meant a court date to hear the "Motion for Failure to appear".

3) The motion means whoever is suing you wants to get you in more legal problems and maybe have the judge issue a criminal charge against you and also for the judge to sign a judgment for possession and thereby closing the eviction case against you. Your only recourse is a new trial if you can get it and the judgment is without "prejudice", which I doubt. Maybe if you obtain a smart lawyer, you can appeal to a higher court for monetary reasons, but higher courts won't place an injunction against an eviction court's eviction order. This is only my opinion and not advice.



I think you mean you are the tenant. Did you get a lawyer? Tsk, Tsk if you didn't because it really sound like you need one now.



My guess is the worst that can happen if you are the tenant is you get evicted and assessed a judgment for what you didn't pay in rents including late fees, etc.Why am I getting a Motion for Default for Failure To Appear?
It would appear that before you filed your appearance request an eviction complaint had been filed with the court and a date was set, it then appears you failed to appear equating to the court finding in favor of the landlords eviction complaint not on the merits/facts of the complaint by solely on your failure to appear ie a default



Now you maybe able to slow the process with an order to show cause, but if you have outstanding rent this must be paid to the court to delay the action, either way the next step for the landlord is to file the award with the sheriff office they will call you with a week or so, hard to say how long, informing you that you have x number of days to leave or they will arrive to change the locks and remove you from the unitWhy am I getting a Motion for Default for Failure To Appear?It sounds like they set one, You did not get the notification for some reason, it happened and you did not show up.



You need to talk to the court house, make sure they had your proper mailing address and figure out why you were not notified of the court date.Why am I getting a Motion for Default for Failure To Appear?
That means that you had a court date and did not appear. So, you lose automatically. You are done. You can file all the things you want to but you had better start packing.Why am I getting a Motion for Default for Failure To Appear?Oops. Somebody missed a court date, and relied on the clerk of the court to inform him.Why am I getting a Motion for Default for Failure To Appear?
arrest warrent for you. jail time.

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