Postponment Procedure

[graphxgal77]

New York. I am the defendant and I'm trying to work out a settlement before going to court. It's getting close to my court date, and I called the court to ask if I could get a postponment. First I was told to fax a letter in, and to call the next day to see if it was granted. After I called I was told that wasn't the case, and that the letter is reviewed at the time of your court date. I said I heard that if I wasn't there, a default judgement could be granted against me. The clerk told me the letter stands in for me. I would really like a little more time to work this out, and if not possible work out, to prepare my case. I also had read that a copy of the letter had to be sent to the plaintiff, but the clerk said no.

Is asking for a postponement an OK thing to do, if you have a valid reason (still trying to work out a settlement (payment has been mailed), and needing more time to produce signed statements, or am I just creating more problems for myself? What if for any reason the postponment isn't granted? Would I lose by default?

I'm a bit skittish about it, having been told two different things. Can someone please help, and give me a little reassurance about this. Thanks much for any help!

 

[Ladynred]

Yes, you should be allowed to request ONE postponement and it was my understanding that all you had to do was call the court clerk a day or two before the court date and make the request. You certainly don't want to give them any letters that would be an admission of guilt in lieu of your presence in court.