Question on Court ruling?

[Slightly-Mad]

What is the name of your state? California I got a court ruling in the mail the other day saying that both parties were not present and that the case has been dismissed.

This week I get another minute order from the court saying that through clerical error that this case was dissmissed in error and that the case has been restored to active status???Now I have a court date set next month??I thought once the court rules case dismissed that it stands no matter what?Any help or advice would be greatly appreciated.Oh by the way the first court minute order I got was the first time I have ever heard of this case.I was never aware of this case and recieved the minute order in the mail after the both parties were not present???I dont get it?

 

[BL]

Well at least now you were notified . Be lucky that in error the court didn't rule against you and maintained you were notified in the first place.

Mistakes do happen, and the Court rectified it .

What makes you a little mad ? are you the defendant ?

 

[Slightly-Mad]

Yes,I'm mad because I'm the defendent in this case.The guy bought parts off of me over 5 years ago and paid by check.I thought the deal was done....I guess not.I don't know why he is sueing me,I gave him all his stuff the day he gave me the funds.I think its a case where he thinks I will not show up and he will win.I'm going on a business trip the same day as me hearing and now I have to get an attorney at my expense to represent me!This sucks really bad and the court is around 100 miles away!If the court rectifies it again doesn't the court meaning "case dismissed" mean anything anymore.Can I have the hearing thrown out if I have a court order that says case dismissed in the first place???

 

[BL]

My suggestion : Ask for an adornment in writing . Say that due to the circumstances in that the court made an Error,and you now can-not cancel your business trip on your court date , you would like the hearing on: ( 2-3 wks . later on a dt. you can be free).

Dismiss with out Prejudice = can be refiled
Dismiss with prejudice = can- not be refiled

 

[Slightly-Mad]

Blonde,when I write this letter,just send it to the court?Does it have to be marked attn to someone?Should I send it certified?Last,In Ca can I have a lawyer represent me?

 

[stephenk]

Go to your local court and ask the small claims clerk for the form for requesting continuances in small claims court.

You cannot have an attorney appear on your behalf in a small claims hearing.

You initially said you did not know of the hearing. Were you ever served with the small claims complaint?

 

[Slightly-Mad]

No,I was never served anything???I don't even know how much I'm being sued for either??This court system sucks,they don't tell you anything about the case.It just says drop what your doing and show up or you will lose.I will definitelt need to get it continued at a later date.Fill in the paper work and send it in.They gave me 2 freakin court addresses too.Which one or send to both.I think this is extortion!

 

[BL]

Slightly-mad : I really suggest you go down in person w/ all Documents you received in the mail . I would go to the last address first.

If they can do it by phone , ok, but get verification in writting .

Show them what happened w/ the first Error you received. Have them call the other place or the may tell you what's going on .

As the prior poster suggested , while your down their ask for the form to fill out and request a continuance that way , to be legal .
Ask the clerks the proper procedure.

Fill in the facts as I stated for a reason. I don't see where your request would be denied , in a situation such as this.Just make sure every thing is filed properly , as per clerks instructions.

If granted , a new court dt. will be set .

You need to be persistent . You might get a run around back and forth. Demand to talk to supervisor, the judge's secretary ( find out what Judge will handle the case), and one in authority , up the ladder. Sooner or later you'll get a hold a someone that knows what to do.

I went through that trying to submit my Do it yourself divorce !!

It's a pain,but at least you won't lose by default ( no showing up ).

 

[stephenk]

First request a copy of the small claims file to see if any type of proof of service has been filed showing how the plaintiff claims they served you.

In California you can be served by mail by the court clerk. Did you move recently or ever receive anything from the court prior to the notice of dismissal?

 

[Slightly-Mad]

StephenK,I never recieved anything by mail or was served ever.What happens if no proof of service exists?Will it matter in this case?Will I have to drive to the court 100 miles away to get this info?

 

[JETX]

Okay, this seems to be going nowhere....

"I'm going on a business trip the same day as me hearing"
*** Okay, then contact the court in writing and request resetting the date due to your trip.

"and now I have to get an attorney at my expense to represent me!"
*** Why does this now require your having an attorney, when one wasn't necessary at the original (no-show) setting?? I hope you are not assuming that your attorney can appear on your behalf, because he can't.

"This sucks really bad and the court is around 100 miles away!If the court rectifies it again doesn't the court meaning "case dismissed" mean anything anymore."
*** No. Quit trying to use the error as an excuse. Simply, you have a new trial date. Arrange to show up or try to get it reset.

"Can I have the hearing thrown out if I have a court order that says case dismissed in the first place??"
*** No. And you very likely do NOT have a court order of dismissal with prejudice (which would be required to prevent another trial).