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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 90435
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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CT Landlord/Tenant Small Claims: How can one postpone the

Resolved Question:

CT Landlord/Tenant Small Claims:
How can one postpone the small claims court case to a future month, presuming that I had to pay the penalty immediately upon the final judgment of the case?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you are the defendant in a small claims action, you would have to file a motion for continuance in the small claims court and you would need to state in the motion some good cause reason for not being able to appear on the date scheduled (such as out of town, medical condition or unable to get out of work) and ask the court for a another date. If you lose the case, you have 30 days to make payment on the judgment, but they do not take credit cards, it is cash or money order or certified check.




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Customer: replied 11 months ago.


Hello,


Thank you for the quick reply.


Unfortunately, I am the landlord, not the tenant.


Can I file a motion of continuance to another month (like Dec or Jan)?


The reason would be my ability to pay then would be better than if the payment was needed upon the final decision.


 

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response and clarification.

You can still get a continuance by filing the motion to continue, but you need to have a good cause for continuing, as I said above. Reason of ability to pay is not good cause, do not raise that as an issue. You can continue it for 30-60 days, but you need some other good cause.

As I said, you would also have 30 days from the date of the judgment to make the payment.
Customer: replied 11 months ago.

In a worse case scenario, if payment can not be made, what are the ramifications? Lien against property, deductions from salary., etc...


Sincerely,


Serge

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.

Yes, if you do not make payment in 30 days, then they can file a motion for writ of garnishment or for a lien. They can also seize any of your bank accounts (if there is anything in them of course) to recover the payment. If you have nothing from which they can collect, then really there is nothing more they can do except wait until you have something to collect from or enter some settlement agreement with you for payments.
Customer: replied 11 months ago.


As I work in NY and have a bank account there, but the property is in CT, can they go to my NY account? The bank is an international bank with branches, in both NY and CT, but the account was set up in NY.

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.

Yes, I am afraid they can indeed get the CT court judgment brought to NY for enforcement. Of course the bank, if they have even one branch in CT can be served for levy on the account in CT even if the account was set up in NY.

They can also go to the NY court to get the judgment enforced for garnishment of wages with your NY employer.
Customer: replied 11 months ago.

Excellent information. If I wanted to settle out of court with the plaintiff, how would I word the letter stating that I would no longer be pursued by the tenants in any future court case.

Expert:  Law Educator, Esq. replied 11 months ago.
thank you for your response.

You would simply tell them in the letter that your letter is an offer to settle and not for any other purpose nor an admission of guilt. Tell them you are willing to end this litigation and settle to avoid time and costs on their part and yours and then make them an offer. If they agree, then you write up an agreement saying that they agree to drop the suit and any future claims in exchange for settlement payment of whatever you agreed upon and both of you sign it.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 90435
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 11 other Real Estate Law Specialists are ready to help you
Customer: replied 11 months ago.

What advantage would I have if my attorney attempts to transfer the "small claims case" to a "regular docket"? Maybe to extend the time for a final decision, and/or is this a possible attempt to ring up the hours.

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you very much.

It might end up just costing you more in attorney's fees to move it to the regular docket, but it would cause the delay of the case for several months for discovery and other pretrial issues to be dealt with. The average time to go to trial in regular civil court is 18-24 months so it could delay matters.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 90435
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 11 other Real Estate Law Specialists are ready to help you
Customer: replied 11 months ago.

Can someone move a "small claims case" to a "regular docket" / "civil court", without using an attorney?

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your new question.

Yes, the defendant can move to have a case removed to the regular docket. They could do it without an attorney, by filing a motion to remove to regular docket, but they should not do so because going to the regular courts means following the same rules as an attorney and dealing in the regular court docket means you need to get familiar with all of the rules of civil procedure and evidence and have to follow them.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 90435
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 11 other Real Estate Law Specialists are ready to help you
Customer: replied 10 months ago.

CT Small Claims Court transfer to Regular Docket:
Just received an Answer Date letter to a small claims court, yesterday. As the Answer Date is next Wed., Dec 4th, is it still possible to push this to the regular docket?

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

Yes, they can file a motion to remove at any time before answer is due.
Customer: replied 10 months ago.

Worst case scenario, as tomorrow is Thanksgiving, Friday people are off, so if this was done on Monday, two days before answer date, (which is Wed), this should still be allowed? To be exact, I am going to State of Connecticut - Superior Court, Centralized Small Claims, in the local Hartford area (SCANH New Haven JD). What information you provide will allow me to talk more intelligently with my attorney, instead of feeling pressured to throw money his way. [Of course if you send me links / references, that would also be awesome.]

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

Yes, it could still be done up to the day of the answer being due and the case could be still moved up to when the answer is filed.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 90435
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 11 other Real Estate Law Specialists are ready to help you

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