The circumstances of this case persuade the Court that Mr. Chagnon did not receive
notice. Mr. Chagnon lives in Florida. For the weeks before the hearing, Mr. Chagnon was staying
in the New York City area to care for his spouse, where his spouse received critical medical
treatment. Mr. Chagnon indicated he monitored his mail received at his Florida address, and he
acknowledges receiving all of the Court documents other than notice of the hearing. 1 Mr.
Chagnon also spoke with a court staff member on April 11, 2014 to discuss possible dates for
the hearing, during which he formed the impression that it would likely be scheduled sometime
in June. After receiving notice of the judgment, Mr. Chagnon was distressed due to having
missed a hearing for which he had no notice. He drove to Bennington and ordered copies of
the small claims file as well as a transcript of the hearing. He vigorously disputes Mr. Peterson’s
claims, and had every intention of pursuing his counterclaims. He insists that had he received
notice he would have been present at the small claims trial. Notwithstanding the absence of a
returned envelope denoting the postal service’s unsuccessful attempt to deliver the mail, the
Court concludes that Mr. Chagnon has made a persuasive case that he did not receive actual
notice of the hearing. Under these circumstances, Mr. Chagnon will be deprived of his right to
defend against Mr. Peterson’s claim and to present his counterclaim unless relief is granted
through this appeal Pizzano at 498-99. Therefore, the Court will reverse and remand for a
hearing that allows both parties to present their cases.