Rescheduling a court date

I suggest you stop wasting time. The lawyer is blowing you off. He has no obligation to respond to you. And the closer you get to the court date the more unlikely you'll be to get your date rescheduled.

The best way to handle this is to file a written motion requesting a continuance (postponement), state your reasons, hand carry the original to the courthouse to file it and get your copy stamped, mail a copy to the attorney, then call the court every day to see if your motion has been granted, and get the court's written response prior to the original date, even if it takes another trip to the courthouse.

Small claims judges are usually fairly reasonable about allowing the first postponement if you have a scheduling conflict.

But you need to jump on this.

Here's a couple of forms that you can modify on your computer to put your local court name on.

One is a general small claims motion. Should be self explanatory.

http://198.173.15.31/Forms/pdf_files/CCM0755.pdf

The other is a continuance order.

http://198.173.15.31/Forms/pdf_files/CCMN606.pdf

It's common practice for a party making a simple motion to also provide a prepared order for the judge to sign. Judge's appreciate it. And it eliminates the turnaround time required for the judge's office to prepare the order and send it back for his signature.

The above is not legal advice. Just stuff I found on the internet. Use at your own risk.

"I can't believe the lawyer is really blowing me off. I realize he's not obligated to respond to me but I thought he would at least have the common curtesy to do so. I guess not."

You guess right. Not.

But let me put it in perspective for you from the landlord's point of view.

As a former landlord, if I had to resort to paying an attorney to go after a former tenant for damages, I'd be irate (I'm not allowed to use stronger language here). I would instruct the attorney to file the lawsuit and ignore any attempted contact by the tenant, in essence letting the tenant sweat. I would also instruct the attorney to object to any motion filed by the tenant, especially a motion for any continuances.

Please understand that I'm not casting aspersions in your direction. I had rentals for 20 years and was frequently faced with tenants stiffing me for rent and damaging my property. So, any time I could rake a tenant over the coals, I cheerfully did so.

That psychology of landlord tenant relationships could certainly could explain why the attorney is ignoring you.

Or he could be concentrating on generating billable hours and he's not returning anybody's calls. We get a lot of those complaints in the lawyer complaint boards on this website.

"One more question though. Is there anyway to get around filing in person? Can I file the forms via certified mail? I no longer live in the area and to get there is about a 6 hour drive."

I would avoid certified mail because people duck certified mail as bad news. I don't know if you would have to be concerned with a court or an attorney ducking certified mail, but if you do send it to the court and the attorney that way, I'd also fax it to both (make your machine prints out the confirmation of transmissions to the recipient's phone numbers) and also send it regular mail to both.

One more option.

I found out yesterday that if you send your documents in one of those $5.00 flat rate priority mail envelopes you can get a signature confirmation for another $2.00. And it doesn't look like certified mail. I'd still fax and regular mail it even with that.

Agree--the enemys attorney is being paid to win--not to assist you to present your defense.

In my state the first continuance is sort of a freebie--easy to get and it only requires that you request it from court-and court routinedly grants same, once -not secure agreement from enemy! In my local court I could do it in person or by mail, and I'll just bet the lawyers who go there routinely can have some administrator change the calander vai a phone call--but I don't have that degree of freedom. Yes, I've changed schedules merely to throw the enemy off schedule!



Now the rules in your state probably vary a bit so its critical that you get it right for your state--I'd jumpt on it today. You may be able to enter it by phome with a fax or fed ex to confirm---but sort it out with court administrator and paper your trail. I'm not sure you need to drive 6 hours to get it done......but you decide.

"Does this sound right? Should i really contact my "opponent's" lawyer to reschedule the court date?"

Of course. You always contact the opposition to see if he/she is willing to consent to the change.

"Is it typical for a lawyer to take so long to get back to you?"

If he's in trial or on vacation it would be. He may also be busy with more important stuff.

"I'm wondering if he's blowing me off."

Maybe.

"If he doesn't call me do I have any other options to reschedule the hearing?"

Yes. File a motion for a continuance.

Neither you nor anyone else knows why the lawyer hasn't called the poster back. For all we know he's been in the hospital at his dying mother's bed side.

would you please be so kind and repost the pdf files? In particular the one for the judge to sign? I need to reschedule the court date (feb 22) ASAP!

thank you so much!

 

would you please be so kind and  reactivate the pdf files? In particular the one for the judge to sign. I need to reschedule the court date (Feb 22) ASAP. Thank you so much!