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  1. #1
    norcoken is offline Junior Member
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    Small Claims Court Extension

    What is the name of your state California:

    I am suing a tenant for rent and structural damage. Court date is in less than 2-weeks. Tenant is "ducking" the subpoena (Won't answer the door) and I am afraid that I will not be able to get him served in time for the hearing. I asked the court clerk if I could get an extension, and she refused to answer the question stating that she could not give legal advise???

    Can I get an extension? What is the procedure?

    Thank You,
    screwed in Norco
  2. #2
    sandyclaus is offline Senior Member
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    Rescheduling a hearing date

    Quote Originally Posted by norcoken View Post
    What is the name of your state California:

    I am suing a tenant for rent and structural damage. Court date is in less than 2-weeks. Tenant is "ducking" the subpoena (Won't answer the door) and I am afraid that I will not be able to get him served in time for the hearing. I asked the court clerk if I could get an extension, and she refused to answer the question stating that she could not give legal advise???

    Can I get an extension? What is the procedure?

    Thank You,
    screwed in Norco
    2 ways this can be done.

    1) Go to clerk's office and file a reset request. There is a form (I think SC-105) and a fee if done less than 10 days before hearing date (I think).

    2) Go to the hearing on that date and ask the judge for a continuance because you have been unable to serve the papers upon Defendant.

    As for service, I would suggest getting a process server or friend that he doesn't know to serve the papers. Or the sheriff can do it. D you know where the person works? Where his friends/girlfriend lives? These could be places to catch him & serve him when he least expects it. Note that if they know its him, try to serve him and he just refuses to take the papers, you can put the papers down where he is and its considered validly served. He does not have to have them in his hands to be legally valid.

    You can also serve via certified mail (return receipt requested) through the post office. If they refuse the mailing, it will come back to you with proof of the service attempts by post office personnel and that could be sufficient for service (and to show he's ducking).
  3. #3
    CourtClerk is offline Senior Member
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    SC-105 is a motion. Wrong form.

    Go to the courthouse and ask file a request for reset. As long as the other party hasn't been served, you shouldn't have a problem resetting the date PRIOR to the trial date.

    Or you can wait and go to court on the date of the trial and ask the bench officer to reset the date. It's always helpful to make sure you can actually serve the person prior to filing. Constant resets mean that someone who is READY to go to trial can't because you are taking up space.
  4. #4
    sandyclaus is offline Senior Member
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    Thanks for the clarification...

    Quote Originally Posted by CourtClerk View Post
    SC-105 is a motion. Wrong form.

    Go to the courthouse and ask file a request for reset. As long as the other party hasn't been served, you shouldn't have a problem resetting the date PRIOR to the trial date.

    Or you can wait and go to court on the date of the trial and ask the bench officer to reset the date. It's always helpful to make sure you can actually serve the person prior to filing. Constant resets mean that someone who is READY to go to trial can't because you are taking up space.
    I couldn't remember the correct form (I guessed).
  5. #5
    norcoken is offline Junior Member
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    Sandy & Court Clerk

    A BIG Thank You from Norco Ca. Your information is very much appreciated! Thanks for taking the time to reply...

    Ken

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