Today ( Question Of The Day) On Small Claims Court ,
Comes from Emma G .
Hey SK Can you post pone your small claims case in court I have one coming up and cant make it HELP!!!!!!!!!!!!!! Love your QOTD you are awesome!
Good question Emma, Yes, You can but you must ask for one ahead of time as far in advance as possible, they say 10 days before but have had many clients do this at the 10 day marker and the clerks messed up and don’t correct the calendar so what you have to do is below: It’s a bit confusing we can assist with this at my office but I give you a brief below :
Fill out Request to Postpone Trial (Small Claims) (Form SC-150) OR write a letter to the court explaining why you need to change your court date;
Make a copy of your Request or letter for yourself and one for each other party in the case.
Have a copy of your Request , or letter served in person or by mail on the other people named in the claim. Anyone 18 or older, not you or anyone involved in the case, can serve the papers and then fill out a Proof of Service (for service in person) there is a form for proof by mail (for service by mail) and return to you.
File the original of your Request (Form SC-150) or letter and your Proof of Service with the clerk at the court. You may have to also pay a filing fee to ask for the postponement if you were timely served with the Plaintiff’s Claim (meaning you were served at least 15 days before your court hearing, if you live in the same county as the court, or 20 days if you live in another county; or 25 days and 30 days respectively if you were served by substituted service).
If your hearing is in less than 10 days:
Take your completed Request to Postpone Trial (Small Claims) (Form SC-150) or letter to the clerk’s office. Ask the clerk to attach it to your file. Or go to your hearing and ask the judge for a postponement.
In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
Have a copy of your Request (Form SC-150) or letter served in person or by mail on the other people named in the claim. Anyone 18 or older, not you or anyone involved in the case, can serve the papers and then fill out a Proof of Service, using Form SC-104 (for service in person) or SC-112A(for service by mail) and return to you.
File your Proof of Service and pay the filing fee if you were timely served. You will not have to pay the fee the first time you ask for a postponement to find an interpreter.
After you request to postpone the trial
The court will mail you an Order on Request to Postpone Trial (Form SC-152) stating the court’s decision on your request or may use another type of similar notice.
If the court postpones the trial, it will give you the new court date on Form SC-152 or on a similar notice. The court will send this notice to you, any other defendants, and the plaintiffs.
If the court does not postpone the trial, the trial will be on the date when it is currently scheduled. The court will let you know that your request was denied and why on Form SC-152 or other similar notice. If you dont hear from the court YOU MUST SHOW UP TO THE HEARING TO ASK FOR MORE TIME OR HAVE SOMEONE GO AND ASK FOR MORE TIME ON YOUR BEHALF.
If you do not hear from the court, go to the court on the scheduled trial date.
At EZ Small Claims We can assist you with this and all the paperwork, it can be a bit confusing so if you want help contact me at my office, Inbox me if you have anymore questions
If you have a QOTD (QOTD= Question Of The Day ) On Small Claims Court Please Post On My Wall Or Inbox me your QOTD
I am SK I am a small claims specialist and if you have a question about small claims, the process anything please feel free to ask me I will more then happy to assist you.
If you need help to file a small claims call me at the office or visit our website at
(909) 986-0883 Office
(909) 391-2056 FAX