Legal Question in Credit and Debt Law in Utah

Do court date changes require notification to defendant?

Recently I was served papers by a man I had leased a building from to operate a business. He was requesting I pay three months rent he claimed was unpaid prior to closing the business. In truth, I had gone to notify him I was closing the business when he expressed his hope that the business would make it, telling me to try for three more months and not to worry about the rent. Because this was a verbal agreement I had no legal ''leg'' to stand on when these papers were served. I contacted his attorney about allowing me time to come up with the money. He assured me he would not send anything through the court without contacting me. Next thing I knew, I received papers notifying me of a judgement against me. I was never even notified that a new court time had been set! Is that legal? Now I have received papers to appear in court concerning the judgement. I have contacted the attorney to try to make arrangements outside of court to settle the matter. They say they want to work with me, but I am concerned that they will slide something through the court without me even being aware of it again. How do I protect myself?


Asked on 2/20/04, 3:17 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Do court date changes require notification to defendant?

You must take control of what is happening, you have relied on others too much. If a judgment is issued against you, then you must file a motion to have the judgment set aside. Explain to the judge what happened and why you did not appear. You will then need to either negotiate in writing your settlement with the landlord or have a trial so the court can make its order. Without something in writing, signed by the landlord or his attorney you have nothing.

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Answered on 2/22/04, 9:52 am


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