Legal Question in Business Law in California

Small Claims Court Can I re-file?

I missed my court date for small claims court. Can I re-file or appeal or anything? Or I am done?

Thanks


Asked on 1/21/05, 3:01 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Small Claims Court Can I re-file?

If you can show in writing to the court why you excusably neglected appearing for the hearing, the court might reopen the case. Most likely, the court dismissed the case without prejudice, which means it can be re-filed if the statute of limitation has not run.

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Answered on 1/21/05, 7:08 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Small Claims Court Can I re-file?

You didn't say whether you were the plaintiff or defendant.

More likely you were the plaintiff, from the sound of your question....but if by chance you were the defendant, see Code of Civil Procedure section 116.730, covering just that situation.

CCP section 116.720 deals with plaintiffs who fail to appear. It's a bit too lengthy to quote in full in a LawGuru answer, but the bottom line is that you can file a motion with the clerk of the small claims court, the motion will be scheduled for hearing after notice to the defendant, and if "good cause" is shown, any prior judgment in favor of the defendant will be vacated and, either at the motion hearing or at a later date, the matter will be tried.

You can get the Code sections either at a law library or on line.

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Answered on 1/21/05, 11:08 am


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