Legal Question in Appeals and Writs in California

Small Claim Court Judgment

I settled with the defendant thru mediation I didn't file the judgment in time. At this point the court says I need to file Request for Court Order and Answer. the defendant stated in Mediation that he would pay me $4000 on 8/17/07. He called and said he would pay me in payments and only paid me so far $750. Know he stating that I am harrasing him. According to court paper work I had to file a judgment by 10/20/07. I want to know what I should say to court why I am asking the court to to file a judgment after the due date. Can anyone help.


Asked on 1/02/08, 5:41 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Small Claim Court Judgment

Your note is very confusing. Normally with SCC a date for a trial is set; if at that trial you got the court to continue the matter for the mediation to occur and to then notify the Court if the matter settled, you needed to show up at the new date. Only you know why you are late in filing anything; you should not lie to the judge, but you can be diplomatic and not include everything unless he/she asks.

In the mediation, did you include in the agreement to settle that the results of the mediation are no longer confidential? If not, then you can not tell the judge what the agreement was; if you did , then you can ask the Court to issue an Order confirming the mediation agreement plus interest on the principal sum from the date of the agreement [10%].

But we need to know what actually occurred because the facts are too mixed up.

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Answered on 1/02/08, 6:16 pm


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