Can a Plaintiff File a Motion to Change Date Because They Are Not Prepared to Try...

[gleu410]

What is the name of your state (only U.S. law)? Illinois

I am being sued over a debt that I do not owe to the tune of nearly $1,000. I filed an appearance and the date was scheduled. I received a Notice of Motion and Motion to Change Date. The 'Motion to Change Date' states that the following:

Now comes the plaintiff and informs the court that on 12/12/2014 an order was entered in the absence of Plaintiff or its counsel setting a trial date of 12/29/2014. Plaintiff will not be prepared to try this case on 12/29/2014 and prays that the matter be reset for a mutually convenient date.

I have a few questions about this:
1. What does this mean? (I have an assumption and the next questions are based on that assumption.)
2. Can the plaintiff request a date change because they won't be ready?
3. Shouldn't the plaintiff have been prepared to try before filing the case?
4. Do you have any advice or suggestions?


Many thanks!

 

[Proserpina]

What is the name of your state (only U.S. law)? Illinois

I am being sued over a debt that I do not owe to the tune of nearly $1,000. I filed an appearance and the date was scheduled. I received a Notice of Motion and Motion to Change Date. The 'Motion to Change Date' states that the following:

I have a few questions about this:
1. What does this mean? (I have an assumption and the next questions are based on that assumption.)
2. Can the plaintiff request a date change because they won't be ready?
3. Shouldn't the plaintiff have been prepared to try before filing the case?
4. Do you have any advice or suggestions?


Many thanks!

1. It means what it says. One party is requesting a continuance.
2. Yeap.
3. It doesn't matter, really - the court will either grant the continuance or not.
4. Same as I asked you down the street.