How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Kimora Pope Your Own Question
Kimora Pope
Kimora Pope,
Category: Legal
Satisfied Customers: 1755
Experience:  Attorney at Law Offices of Kimora Pope
105453597
Type Your Legal Question Here...
Kimora Pope is online now
A new question is answered every 9 seconds

My defendant in Missouri for a Small Claims action was not

Customer Question

My defendant in Missouri for a Small Claims action was not served by the Sheriff and private process server as the summons was returned NON EST. How do I get a continuance to try to serve him by Certified Mail in St Louis City? His address is correct he just won’t answer the door. Is there any other way to serve him for Small Claims? Can I dismiss the case if he refuses the Certified Mail attempt and refile later if I can get a place to serve him?
JA: The Lawyer can help you determine if you have a case. Before I connect you, is there anything else you'd like the Lawyer to know?
Customer: No
Submitted: 12 days ago.
Category: Legal
Customer: replied 12 days ago.
Is there a fee to file a continuance in St Louis City with a Small Claims Case and can I send a personal check to pay for the fees for Certified Mail service and continuance?
Expert:  Sean Fisher replied 12 days ago.

Is there a court date set? If so, you can go to that and tell the judge that you have not been able to effectuate service, and he will likely reset the appearance date. You think he is avoiding service? Do you have a copy of the Return?

Customer: replied 12 days ago.
I do have a copy of the return which shows 5 attempts by my special process server alone. The attempts cite lights on but no one will answer door... internet
Customer: replied 12 days ago.
cams by door to see who is knocking.... etc. also, I can't go to the court just to tell the judge that because I'm in Kansas City and the court and defendant
Customer: replied 12 days ago.
are in St. Louis.
Expert:  Sean Fisher replied 12 days ago.

I see. In that case, I would file a motion for continuance if the court date is fast approaching. List the reason as non-service. Detail that you are located far from the courthouse, and would like an extension. As this matter is in small claims, take a look at Rule 142.02. You can mail the summons and petition via certified mail, return receipt requested. Make sure you comply with the rules, i.e.- ensure the docket number is ***** the envelope, etc. This should satisfy the judge.

Customer: replied 12 days ago.
Thank you!
Expert:  Sean Fisher replied 12 days ago.

Not a problem! If you are satisfied with my response, please leave positive feedback! Good luck!

Customer: replied 12 days ago.
One final question. I looked all over and cannot find an answer. Is there a particular form I can download or a format to utilize to file the motion for a continuance so I can include the points you mentioned to tell the judge? Also, is there a fee to file the motion that I should include?
Expert:  Kimora Pope replied 11 days ago.

Hello. I am KimP. I have practiced law for over 20 years.

 

There is no form to ask for a continuance. You have to show up in court to ask for a continuance.

 

Best wishes. Please give me a 5 star rating. Thanks

Customer: replied 11 days ago.
Actually, I just got off of the phone with the Clerk of the Court. He said I don't have to appear personally because I live in Kansas and only have to appear
Customer: replied 11 days ago.
for the hearing. I can request a continuance by mail simply by writing a letter and asking for it.
Expert:  Kimora Pope replied 11 days ago.

I am glad to hear that. That means they are making the court easier to handle. Good for you. That was not possible before.

 

Please remember to accept my answer. Thanks