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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I received a summons to go to small claims court. Am I able

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I received a summons to go to small claims court. Am I able to contact the court ahead of the scheduled date and request a different date? it has been scheduled for the 23rd and my daughter is getting married on the 20th and I will be out of town. Is there a form to file and who/where do I contact to reschedule the hearing?

Thank you for your question. Please permit me to assist you with your concerns.

What you need to file in this instance is a called a 'motion for continuance'. There is no form, and in small claims you can simply write a letter to the judge explaining why you need to reschedule. Contact the clerk in the courthouse where this case is being heard first and ask if a letter is sufficient (it should be but some rare judges want a more formal motion). Then, if that is enough, in the letter reference the case and docket number, explain why this date does not work, and request a new date and time. That type of a request, especially due to the reason you mentioned, should be granted.

Good luck.

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