Legal Question in Appeals and Writs in Missouri

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.


Asked on 2/01/12, 6:11 pm

2 Answer from Attorneys
Anthony Smith LawSmith

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

Read more
Answered on 2/01/12, 7:59 pm


Related Questions & Answers

More Appeals and Writs questions and answers in Missouri