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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  Licensed to Practice Law
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I postponed my case (defendant) for small claims the first

Resolved Question:

I postponed my case (defendant) for small claims the first time as one, wrong name, wrong address and two had to go out of town.
I am being sued for breach of contract, there was never a contract as I was helping a friend.
Now, I have a death of an immediate family member. I need to reschedule.
Submitted: 9 months ago.
Category: Legal
Expert:  TJ, Esq. replied 9 months ago.
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX X will do my very best to answer your legal questions.

I'm so sorry to hear about your legal troubles, and of the recent death in your family. I'll be glad to help if I can. Do you have any specific questions? I just want to make sure that I understand what legal information you are seeking.

Thank you.
Customer: replied 9 months ago.

Yes.


My specific questions are what I wrote.


 

Expert:  TJ, Esq. replied 9 months ago.
Hello again.

I'm sorry for any misunderstanding, but after reviewing what you wrote, I do not see a question. You wrote that you were sued, that you rescheduled the court date, and now you need to reschedule again. What legal information are you seeking? Are you trying to ask how to request a continuance?
Customer: replied 9 months ago.
Yes
Expert:  TJ, Esq. replied 9 months ago.
Hello again. Thank you for clarifying.

Small claims court is not like a regular trial court. In a regular trial court, you would file a motion for a continuance. In small claims court, however, motions are not generally allowed. You will need to contact the court clerk to find out how to request the continuance. I would do so by telephone or in person, however. I would not send letters. Call the court clerk in the small claims division and ask how the court deals with continuance requests. Each court has their own local rules with regard to such matters, so there is no "one size fits all" answer here. You'll need to talk to the court clerk.

If for some reason you cannot get the court date continued, and the plaintiff gets a default judgment against you because you were out of town due to the death in your family, then you can file a motion to set aside the default judgment, and argue that you could not appear due to the death in the family. Default judgments are not favored by judges, so if there is a reasonable explanation for why a defendant failed to appear, the judge will usually set aside the judgment and set a new trial date.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is greatly appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To TJ, Esq." in the subject line of your question.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9610
Experience: Licensed to Practice Law
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