I was a def in a small claims case that I lost by default for showing up to court 20 min late. I had a lot of family issues going on the weekend/day before court and I got the times mixed up. I thought the case was set for 9:30 am but it was scheduled for 9am. I showed up at 9:20am. Can I file a trial de novo even though I lost by default? If so, will I have to have an attorney to try the case? The small claims case judgement ordered me to pay $1050. They tell me the cost to file an application trial denov is $200. I'm not sure it is economically worth it to file. I have to file by tomorrow to be within the 10 day time limit.
Answer
You can ile the trial de novo, (which you can argue with or without counsel) or you can file a motion to set aside the default judgment on the basis of excusable neglect, (arriving at court 20 min. late)
Good Luck
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