What are some other ways that I can postpone this? Its for small claims court.
2007-10-23 05:07:38 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Don't ignore a subpeona - even if your name is mispelled. The fact is that you were sent a subpeona, it was meant for you, you know it is meant for you, the judge knows it was meant for you - so you will have no excuse in ignoring it. You could end up in jail for ignoring it. Just like we make typos at work - so do the Courts; and typos do not excuse anyone from following a Court Order or subpeonas.
To give you a great recent example: I have a relative who was indicted for a serious crime but his name was mispelled. If he was convicted of the crime - there would be no way in the world the legal system would let him "walk" because his name was mispelled.
Fortunately, his case was dismissed WITH prejudice - meaning that the police had no probable cause to arrest him the in first place. Does the fact that his name was misspelled mean he cannot sue the police department for wrongful arrest - absolutely not!
Spelling errors don't erase anything the legal system does. Proceed with caution.
2007-10-23 05:25:11 · answer #1 · answered by Sebamoop 2 · 0⤊ 0⤋
Did you know you were being taken to small claims court? If this is actually yours, you should probably call the courthouse and tell them you received a subpoena and the name is wrong. As far as postponing it, you can ask for a continuance, but you have to provide a valid reason and it may or may not be approved. Depending on what state you live in, there are usually forms online that you can print off and send in. Look for the form "Request to Postpone Small Claims Hearing." You probably need to submit it at least 10 days before the court date. Hope that helps.
2007-10-23 12:32:50 · answer #2 · answered by Dani 2 · 0⤊ 0⤋
While you may or may not get away with it, it is most likely not in your best interest to miss court.
2007-10-23 12:12:10 · answer #3 · answered by davidmi711 7 · 0⤊ 0⤋