What happens ifI’m being sued in small claims court and can’t make the court date?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What happens ifI’m being sued in small claims court and can’t make the court date?

My landlord is taking me to small claims court. I have failed to pay on a promissory note for back due rent. My problem is I cannot miss a day of work. What options do I have?

Asked on September 28, 2010 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you miss a court date, you will lose automatically, by default (it's like forefeiting a ball game by not showing up). There is no ifs, ands, or buts about it, unless possibly you hire a lawyer to go in your stead to court. Otherwise, you may need to decide which will cost you more: missing a day of work or losing the case. Note that if there is some day, nonholiday, during the workweek that could possibly make court, you may be able to get the court date moved--though if you can never take off during the workweek, that will not help you.

If  you lose in court, if you then don't pay voluntarily, the landlord could try to garnish your wages or bank account in order to be paid. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption