Legal Question in Civil Litigation in California

I have been ordered to appear in court in California on a matter but I am financially and physically unable to get there as I live 2500 miles away.

Can I ask for a trial by mail?

The issue of complaint was resolved even before I was served by mail.

It is for parking a trailer on my property for purpose of moving. I halted the move and relocated the trailer. The county lists 3 complaints for this even tho I was never presented with them, and they had first hand knowledge that I was using trailer only for purpose of moving.

They say if I do not appear I will be arrested.

I have asked them to transport me there but they refused.

Thank you for any suggestions

Bob


Asked on 10/21/10, 5:57 am

2 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You have posted your question in the category for general civil litigation. In California, when a party fails to respond to a civil case filed against them, their default is entered and the court awards a default judgment. People are not arrested for failing to appear in civil action.

If your matter is criminal, you are going to need an attorney, unless it is a ticket or infraction, in which case the matter can sometimes be what is known as a trial by affidavit. It sounds as if it is a ticket, for the parking of your trailer. If that is true, then you need to contact the court clerk at the location listed on the ticket and let them know you want to proceed by trial by declaration/ affidavit. I would need more information to guide you in the right direction.

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Answered on 10/27/10, 8:35 am


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