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Hello, I cannot attend my small claims court on 3/12/12 @ 1:30…

Customer Question
Hello, I cannot attend my...
Hello, I cannot attend my small claims court on 3/12/12 @ 1:30 in San Mateo, CA.
I am being sued by my tenant.
Mother is ill and dying.
can you tell me what I can do???
Jeanina Brewster [email protected]
thank you.
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
3/7/2012
Lawyer: David L, Attorney replied 6 years ago
David L
David L, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,255
Experience: Attorney licensed in multiple jurisdictions since 1997.
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Hello. Following are the options provided by the court. Since you missed the 10 day advance requirement, your other option is to bring a letter to the clerk, as stated below.

 

A continuance is a request to postpone a court date. It is requested from the Small Claims Clerk but can only be granted by the judge. To request a continuance, the court charges a fee of $10.

A continuance can be requested by mail by either party. The request is sent to the Small Claims Clerk's office along with a check for $10, payable to the court. A copy of your request for a continuance must be mailed to the other parties to the claim. Requests must be submitted at least 10 days in advance of the court date. If the continuance is granted, the hearing will be postponed for at least 15 days. Notice of the new date will be mailed to all parties.

If you do not have enough time before your court date to write for a continuance, you should either appear in court as scheduled and ask for a continuance, or bring a written statement explaining why you need a new court date to the Small Claims Clerk's office and ask to have it attached to your case file. There is a $10 fee for this service.

David L
David L, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,255
Experience: Attorney licensed in multiple jurisdictions since 1997.
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Customer reply replied 6 years ago

So I can't write a letter right now asking them to postpone it??

I don't owe them $3375.00. I only owe $1200.00 plus $1250.00 for pet deposit.

She did not pay her PG&E bill when she left so I paid it.

please reply.

Customer reply replied 6 years ago

so i have no recourse except to come on Monday 3/12/12??

i can't, i work and my Mother is very ill.

can't the court postpone it. I have her money. I sent it on 11/28/12.

I phoned her and her son and they never called me back.

please reply.

Lawyer: David L, Attorney replied 6 years ago

Hi. Sorry about yesterday. Your question accidentally was re-categorized and I was unable to get access to it to finish responding to your last inquiry. If you note the rule I provided to you above it states: "If you do not have enough time before your court date to write for a continuance, you should either appear in court as scheduled and ask for a continuance, or bring a written statement explaining why you need a new court date to the Small Claims Clerk's office and ask to have it attached to your case file. There is a $10 fee for this service."

 

This means that you can now bring a written statement to the clerk fully explaining why you can't make it and they will attach it to your file. I presume that the judge will then look at your written statement and decide whether to grant you the continuance.

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