Home>Levelset Community>Legal Help>What is the difference between a hearing for damages (after a default due to no answer by defendant then got a continuance) and an actual small claim court appearance ?

What is the difference between a hearing for damages (after a default due to no answer by defendant then got a continuance) and an actual small claim court appearance ?

Connecticut

Defendants did not answer and I got a judgement by default and a hearing for damages. When I showed up for the hearing I was informed that the defendant just hired a lawyer and was granted a continuance. I was not notified because because it was less than 24 hours between the grant for continuance and the time I arrived for the hearing. Now I don't know if this means they now have to submit an answer. What is the difference between a rescheduled hearing for damages and an actual small claim court appearance?

1 reply

Jul 27, 2018

I'm not entirely sure I follow the situation, and admittedly the procedure for Connecticut small claims court is not something I'm particularly familiar with. But next steps will depend on exactly what the defendant plead and what the judge granted. It appears that in Connecticut, even after a default judgment has been granted, a defendant may file a Motion to Open judgment and will apply when the defendant has not received actual notice of the case within 4 months of a given judgment. Unfortunately, beyond that, I'm not sure I can provide much insight - but reaching out to the court or to lawyers at avvo.com might be more fruitful - at avvo.com, attorneys are available from all practice areas to answer legal questions.

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