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I have a small claims court date in Santa California

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Hello I have a...

Hello I have a small claims court date in Santa Barbara California scheduled for 11/27. I have filed bankruptcy & have both the file date & case number. One of the creditors listed in the bankruptcy is the one who has filed the small claims. Do I use the sc-150 form (request for postpone date) to notify them of the bankruptcy? Also, I live in South Carolina - so I am unable to attend the court date, so how do I get the form to the small claims clerk? She has already told me that they don't accept anything over the phone. I have found an e-mail for the court administration. Could I use that to send the form to notify the Judge with the case number ***** small claims? The Santa Barbara Clerk was very unhelpful & rude.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Again it's in California Santa Barbara

Lawyer's Assistant: Has anything been filed or reported?

Again the court date is 11/27/17

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think my detailed question is pretty self explanatory.

Submitted: 8 months ago.Category: Legal
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Answered in 7 minutes by:
11/18/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,465
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience. Bankruptcy law requires that when a person files for bankruptcy, then there is going to be an automatic stay that pauses all legal proceedings until the bankruptcy is completed. If the creditor was listed on your bankruptcy petition, then they will receive a letter from the bankruptcy court advising them that their proceeding has been stayed. My recommendation would be to send a letter to the judge advising them of the date that you filed bankruptcy and that the small claims action must be postponed until it is completed. If for some reason there is not enough time for you to do that, then you should do your best to make it to court, even if it is on the other side of the country, and advise the judge of this matter. If you can find someone to show up on your behalf to simply give the judge the bankruptcy petition, then that may work as well. Regardless, the bankruptcy law trumps the CA small claims court procedures. Also, be sure to notify the other party as well.

What other questions did you have for me?

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Customer reply replied 8 months ago
I am unable to attend the court day how do I get the form to the small claims clerk she has also already told me that they don't except anything over the phone I have found an email for the court administration could I use that email to send the information to as the clerk was very rude and unhelpful
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Hello, I think we responded at the same time. Let me repost what I put:

Thanks so much for your patience. Bankruptcy law requires that when a person files for bankruptcy, then there is going to be an automatic stay that pauses all legal proceedings until the bankruptcy is completed. If the creditor was listed on your bankruptcy petition, then they will receive a letter from the bankruptcy court advising them that their proceeding has been stayed. My recommendation would be to send a letter to the judge advising them of the date that you filed bankruptcy and that the small claims action must be postponed until it is completed. If for some reason there is not enough time for you to do that, then you should do your best to make it to court, even if it is on the other side of the country, and advise the judge of this matter. If you can find someone to show up on your behalf to simply give the judge the bankruptcy petition, then that may work as well. Regardless, the bankruptcy law trumps the CA small claims court procedures. Also, be sure to notify the other party as well.

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Customer reply replied 8 months ago
if I write a letter then how do I get the letter to the court if no one can go there for me? Should I over night it to the address of the small claims clerk?
Lawyer: Legal Eagle, Lawyer replied 8 months ago

One of the ways that you can do this is hire a process server. If you go to www.thumbtack.com, you can find a registered process server who will file documents for you in court. Usually, the fee is around $50-$100, depending on who you hire. it's usually easier to have someone do it because if there is a problem, they can call you to handle it right away. Did you have any other questions for me?

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Customer reply replied 8 months ago
No thank you
Lawyer: Legal Eagle, Lawyer replied 8 months ago

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