My husband had to appear in Small Claims Court for a credit card debt in RI, the lawyer for the collection agency was unprepared and received a contiuance until February 11th, 2008. We are moving to FL in the beginning of February, what do we do? I know not showing up is a bad error but if we live 12 states away it does not make sense to fly up here over a $1000 "debt". Thanks for the assistance!!
2007-11-05 02:54:04 · 5 answers · asked by Nicole R 2 in Politics & Government ➔ Law & Ethics
Check the Small Claims Court Rules. Look to see if you are able to attend the hearing over the telephone. Your only cost will be the LD bill, not even that if you have a cell with free LD.
Even if the Rule doesn't provide for it, call the attorney for the collection agency and see if he has an objection to you appearing by telephone. If not, then he has agreed and you need to find out how to do this. Call the clerk of the court. You will probably have to initiate the call since you are the one making the motion to appear by telephone.
If the attorney chooses to stay in his office, then you need a conference call. Call your operator.
If the collection attorney objects, you'll have to ask the Court in writing to approve your request. Explain in your motion (request) that you are residing out of state, the reason you are out of state, and that it would be a financial hardship to deny this request.
BTW, you will have to file a change of address and phone number with the Court when you move.
Any reasonable judge should grant your request. This kind of thing is done quite regularly now, although it may be rarer in small claims courts.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-11-05 03:14:18 · answer #1 · answered by scottclear 6 · 1⤊ 0⤋
It's too late to do anything other than to appear at the hearing. The time to do something was when the lawyer asked for the continuance. You could have challenged the request at the time, however it is too late now.
2007-11-05 02:59:42 · answer #2 · answered by davidmi711 7 · 1⤊ 0⤋
Put your move off for about 2 weeks. Its too late to do anything now. When you go to court, if there is going to be anymore proceedings, ask the court what needs to be done.
2007-11-05 03:01:58 · answer #3 · answered by Jenn 3 · 0⤊ 0⤋
You will recieve a bill in the mail. You can pay it and have it done or ignore it and the collectiuon agency will hound you for it.
2007-11-05 03:10:24 · answer #4 · answered by fangtaiyang 7 · 2⤊ 0⤋
You don't show up will automatically result in a judgment against you and maybe more.
2007-11-05 02:57:49 · answer #5 · answered by ♪♫Tweedle Dee♪♫ 5 · 1⤊ 0⤋