What happens ifI’m being sued in small claims court and can’t make the court date?
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What happens ifI’m being sued in small claims court and can’t make the court date?
My landlord is taking me to small claims court. I have failed to pay on a promissory note for back due rent. My problem is I cannot miss a day of work. What options do I have?
Asked on September 28, 2010 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you miss a court date, you will lose automatically, by default (it's like forefeiting a ball game by not showing up). There is no ifs, ands, or buts about it, unless possibly you hire a lawyer to go in your stead to court. Otherwise, you may need to decide which will cost you more: missing a day of work or losing the case. Note that if there is some day, nonholiday, during the workweek that could possibly make court, you may be able to get the court date moved--though if you can never take off during the workweek, that will not help you.
If you lose in court, if you then don't pay voluntarily, the landlord could try to garnish your wages or bank account in order to be paid. Good luck.
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