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Counterclaim - Circuit court

Sasha · February 4, 2026

I have a pending default on my counterclaim against Capital One. They remained silent for 89 days and then filed a dismissal order. When I contacted chambers to request a date for the default, they provided one but also stated that opposing counsel must be available on that date. Even though this is my case, I was told I need to ensure their availability.

I do not recall ever having to coordinate court dates with opposing counsel before they were set. Is this happening because I am pro se?

2 replies

  • Keith · February 6, 2026

    Yeah thats don't sound right it's up to the opposing side to make themselves available or petition the court for a didffernet date.I I would go ahead and submit papers to the court to enter a default against Capital One for failure to answer. Then submitted to motion to court for a default judgement and ask to be awarded your counterclaim damages and a deletion from your consumer reports. Hopefully they won't show up or respond to the motion because if they do they will have to explain why they didn't answer and it would need to be a good cause. Just file you papers and submit it electronically if possible to avoid dealing with that clerk. I also had clerk tell me things that were not all the way accurate I'm sue its not intentional they just don't be knowing everything little detail on procedures.

  • brian · February 17, 2026

    Its a pseudo "meet and greet" that makes the judge comfortable. It will work to your advantage at the end to do as he asks. BPP

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