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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 4021
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I asked for delay for medical reasons of small claims case.

Customer Question

I asked for delay for medical reasons of small claims case. Clerk tells me I have to tell person. I explained police already contacted re his abusive behavior. I dont want any contact with him. When judge makes decision YOU can tell this fellow. Clerk told me I have to tell him before judge reads my request and I dont have to say details. Do I have to contact this person and what if I dont and judge sees there is no copy of a contact to him (defendant)? Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

When you say "person" are you talking about the person you made the claim against?
Customer: replied 1 year ago.


Yes. He is a neighbor. A bully and has other people frieghtgened. He has stolen property and vandalised other property. He had the nerve to tell me he had left me alone, hadnt he? and he wasnt bothering me anymore and I was ridiculous for sueing a neighbor. Please dont say police to me. Let me try to deal with SCC as I can, Unfortunately that involves you if you are able to help.

Expert:  Zachary replied 1 year ago.
As that is the case, he is the Defendant. Because you have sued him in SCC, this means that you are required to provide him notice of your request for a hearing for a continuance (delay) based on your medical reasons. You can provide notice by sending him a certified letter. You are not required to actually speak to him.
Customer: replied 1 year ago.

PC not working. I sent answer did not go. I will give note to security and ask they tell me they gave it to him. I cannot due C R/R. If I may it will say: "His name. I have asked SCC court to delay proceeding (Index #) due to medical reasons till after September. They have told me I have to tell you of my request." I will indicate carbon to SCC (they should get it in time to review with my original/physicians letters). Is that OK? Also, I will have other questions about this case and I will ask as NEW questions. I think they are general in nature. Thank you.

Expert:  Zachary replied 1 year ago.
Does the court require that you make the request for a delay in writing and does it require you to go to the judge to tell the judge why you need a delay?
Customer: replied 1 year ago.

After I sent the documents, they told me they had a form for that, but that my documents were received and that it was OK. They added the judge would not look at them until the day before the trial. Can I ask you if whatever decision is made, will the SCC court notify the defendant of a change in date?

Expert:  Zachary replied 1 year ago.
OK.

Do you have a copy of what you sent to the court?

You can't provide notice by "dropping it with the security guard". You have to deliver it to him. You say you he's a neighbor, is there anything preventing you from putting a copy of the notice in his mailbox while he is at work?
Customer: replied 1 year ago.

I think it is against regulation for mailman to allow me to place it in his mailbox when he delivers mail? He would do it if I ask him, but I do not want him in trouble if defendant decides to be clever. He is a nasty fellow. Security is my proof he got it (I tape my messages. NYC is OK.), should he say he didnt. AND if he didnt, court will get my copy.

Expert:  Zachary replied 1 year ago.
OK. If you can confirm that your security will deliver it to him, then what you need to do is deliver:

1. A Letter which states you have filed a "motion for continuance" and that the court will hear it on _____ date (the date the clerk says the judge will hear it).

2. A copy of the document you filed requesting the delay.

This will fulfill your notice requirements.

Customer: replied 1 year ago.

I can say what you state, however I cannot provide a copy of the document without telling him the medical reasons. THEY ARE NONE OF HIS BUSINESS. I AM DISABLED. I guess I will have to appeal.

Expert:  Zachary replied 1 year ago.
Unfortunately, if you have filed the document with the court, he has a right to see it as he is a Defendant. It is not confidential once you file it with the court.

Nevertheless, what you can do in this situation is simply send him the note. Since you are in small claims court, this may be sufficient as the general rules of civil procedure do not strictly apply. In the end it will be up to the judge. Make sure to keep a copy of the letter you are going to have the security guard deliver so you can show the court clerk.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

Mailman has told me I can leave it with security. If it is stamped HE will deliver it by


putting it in his mailbox. I will also leave a copy with security so there are two deliveries


 


affected. Should show court I did what I could. I may include the letter sent the court, but


 


I am not sure yet. The court clerk will get a copy too. Thank you, I realize you are trying


 


protect me. I will send other questions about this case as new ones. I will submit rating


 


on previous reply.

Expert:  Zachary replied 1 year ago.
You are welcome. I hope the best for you and also hope that you win your case (and start feeling better soon).

Please let me know if there's anything else I can do for you.

-ZDN

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