Small Claims Court?

Question

Good Morning,
I have been trying to get my money back from a company for 1 year now. I decided to take this matter to small claims court. I filled out the paperwork at received a pre-trial date and time. I just received a letter in the mail from the defendant stating he can't make it on this date/time. He told me to schedule it for 1 month after. I called the county (Brevard, Fl) and they said they didn't know if I was obligated to change the date. I don't want to change the date and wait another month to get my money. Does anyone know if I have to change the date? Or can I keep this date and make him change whatever plans he has on this date?
Thank you,
Kimberley

Answer 1

Before you change (obtaining a "continuance") a court date you should ascertain the reason the defendant is requesting the continuance. However, let THEM ask the court for a continuance!

Often times a valid reason exists for a continuance, for instance, allowing time for evidence to be obtained, contacting other witnesses, etc.

In small claims, however, this is a "civil" issue. In most cases if the defendant fails to obtain a continuance through the courts, they may find the court finding a "default judgement" against the party that fails to show.

I've never heard of ANY instance where the defendant contacts the plaintiff for a continuance.

Sounds to me like you should go to court on the date already arranged. As a minimum, the judge is now aware of the case and the defendant has to answer to the judge for any future issues involving the case.

Best wishes!

Answer 2

When I was in CA I had a defendant just not show up for the case and the judge just postponed it. This meant I just had to ask for an extension and new date. After 3 or so times the judge finally granted me my claim, but the person never paid anyway. In your case I think I would call the person and ask what date he will show up in court. If he fails to appear that time you can always tell the judge your story. He might just side with you. Small claims is not always a great solution, but unfortunately ... Is this a business you are dealing with? You could check the laws of your state and sometimes you can put a lien on the business for unpaid debts or maybe a lien on a person's home, etc. I'm sure you have to get your small claims awarded you first though. Try checking the internet for "FL claims against a business" or something like that. Sometimes attorneys will grant a consultation for no/low fees and you can find out that way. Good Luck

Answer 3

Assuming you're in the united kingdom, the respond is as follows. there is not any such element through fact the small claims courtroom. There are small claims, that are dealt with in the county courtroom alongside with different claims, yet there is not any particular or different courtroom. Small claims (decrease than £5k or £1k if very own harm) is a sort of dispute determination. There at the instant are not any expenses provided (shop for the courtroom value for the claimant of £sixty 5) and hence the contract value is amazingly severe. i'm afraid which you have have been given have been given to forget approximately any solutions (little question properly-intentioned) that advise any proportion determine of achievement through fact they're completely made up (whoops! a extensive form of thumb-downs for me!). The DCA do not shop stats of achievement for the two claimants (or defendants) so no-one is conscious how many win or lose. i've got been a criminal expert for 15 years and that i don't be conscious of so i'm fascinated to work out the beneficial assertions above and the place those come from. The small claims technique facilitates human beings to convey modest claims in the past a choose without the phobia of extensive criminal costs. It additionally facilitates defendant's to safeguard in any different case sturdy claims without the phobia of extensive criminal costs - so it incredibly is not a one-way highway. So in case you have a very good declare, supply it a pass - all you lose is your courtroom subject value and an afternoon putting 'around at courtroom. desire this helps

Answer 4

You are not obligated to change the date. If the defendant needs the date changed, they can file something and ask the Court to change the date. That's not your job. Why would you do them any favors at this point?

Move forward and good luck getting your money!

Answer 5

The laws regarding small claims court vary from state to state. Keep in contact with you local small claims clerk. If the date is not changed, you may win a judgment by default if the defendant doesn't show up. It'll be up to the judge.

Answer 6

No, you do not have to change the date. If the company rep cannot attend court that day, thats just too bad for them, the court does not schedule appearances for convinience. And i would let the company know that you are no longer accepting calls from them. that might screw things up in court for you. just leave it be, and go to court when you were scheduled. If they want to pay for a lawyer, the lawyer can try to get the date changed...good luck!

Answer 7

If a date is to be changed, it has to be filed with the county. It's up to him to change it, not you. Show up. If he's not there, you win. Now collecting...... that's a whole other story.

Answer 8

Normally, whether or not you agree or object, the Court usually makes the final decision.