How do I get a continuance?

What is the name of your state? Rhode Island

I asked this attorney who is suing me representing CACV. I have no idea who this is. I had surgery in October and recuperated until January. Supposedly she was going to continue this until January. Well, she didn't. She got a judgement against me on December 14th. I was unable to go because I had my open incision and it was draining from my surgery. I get a notice recently that I need to appear in court on April 30th for a supplemental proceedings and it states she got a judgement against me on December 14th. So that's how I know she didn't continue it like I asked. SO how do I get a continuance without going to court on Wednesday. I was told at the court to speak with the judge's clerk and all continuances will be approved. Is this true?

Also, I don't have the money for an attorney. Are public defenders good? I don't know what to do other than getting a continuance at this point. I can't go as I have my 3 year old and I can't bring him to court. Please help!

luvumfl said:

SO how do I get a continuance without going to court on Wednesday.

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You can make your "Motion for Continuance" in writing, including the reason you think that the court should grant your motion.

I was told at the court to speak with the judge's clerk and all continuances will be approved. Is this true?

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See above.

Also, I don't have the money for an attorney. Are public defenders good?

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Most are, but your case is in civil court. PD's only apply in criminal court.

I don't know what to do other than getting a continuance at this point. I can't go as I have my 3 year old and I can't bring him to court.

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I doubt the court would grant a continuance solely on that.

Sorry, I didn't state my real reason for needing a continuance. My main reason is I need to hire an attorney somehow. Obviously she got a judgement against me without my knowledge. She was suppose to continue it until after my recuperation. BUT went ahead with it anyway. I only found out about it when I got this notice to appear on Wednesday, April 30th. Can I do this in writing to the judge even though I only have two days? I would go in person and ask but like I said I have my 3 year old. Still looking for someone to watch him. Thanks for your help.

luvumfl said:

Sorry, I didn't state my real reason for needing a continuance. My main reason is I need to hire an attorney somehow.

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The court might grant ONE continuation with that excuse.... but not more than one. It is entirely up to you to find legal representation in a timely manner.

Obviously she got a judgement against me without my knowledge.

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Not true. Your own post says that you knew of the lawsuit filing.

She was suppose to continue it until after my recuperation. BUT went ahead with it anyway.

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As she should have. Simply, YOU failed to follow up on a motion to dismiss or continuance. There is NO obligation for the opposing party to do your work for you.

I only found out about it when I got this notice to appear on Wednesday, April 30th. Can I do this in writing to the judge even though I only have two days?

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Some courts will allow... some don't. Contact the court and ask.

I would go in person and ask but like I said I have my 3 year old.

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And of course, that is NOT relevant to the court.

Please try and find a lawyer quickly. You may have limited grounds to undo the judgment that has been entered, but there are deadlines that make the matter very time-sensitive.

As to the court appearance, it sounds like it deals with post-judgment matters. It's odd for there to be a court appearance unless there is some post-judgment discovery or similar matter that you have not responded to. Have you received anything in the mail since the judgment was entered?