Why am I getting a letter from an attorney about a case against me that I didn't know about?
Attorneys sometimes send employees from their offices to collect information about new case filings in the court. They do this so that they may send letters to individuals informing them of the availability of their services. The cases that letters are sent out for may or may not have been served on the defendant at the time they have collected the information and sent out the correspondence.
Why didn't the Court notify me about…?
The clerk's primary job is as an unbiased keeper of the records. It is the responsibility of the Plaintiff or Plaintiff's attorney to provide the Defendant or Defendant's attorney with copies of any documents or correspondence made with the court and vice versa. The only correspondence the court clerk will have with the parties is limited to the activity needed to set trial dates, and in small claims cases to mail the parties a copy of the judgment or order entered by the Judge. It is also the responsibility of the parties to maintain current contact information with the Court Clerk, including mailing addresses, telephone numbers and e-mail addresses.
Why didn't I get a Court Date with my paperwork?
A Court Date is not assigned to a case until after the Defendant has filed an Answer with the Court and time for Discovery has been completed. If the Defendant fails to file an Answer with the Court within thirty (30) days after the paperwork has been served, or failed to respond to Discovery requests, the Plaintiff may file a Motion for Default Judgment or Motion for Summary Judgment. If the Defendant is found to be in default, the Judge may choose to sign a Default Judgment without a Court Hearing. If you do not understand the process, please consult with an attorney.