Legal Question in Credit and Debt Law in Florida
summons for pretrial hearing in small claims court
i received a summons for a pretrial hearing in small claims court. the problem is i wont be in town when i am supposed to appear, i already have plane tickets that were bought for me by my sister and they are non refundable. could i go to jail if i didnt appear. should i try to contact the attorneys for the other side. i have no attorney and cannot afford one either. and yes i do owe the money they are taking me to court for. i am out of work at this time and live with my boyfriend who is supporting me at this time. what options do i have.
1 Answer from Attorneys
Re: summons for pretrial hearing in small claims court
I would definitely try to work things out with the attorney for the Plaintiff. Call the attorney's office and discuss reasonable payment terms. Most attorneys would rather settle a collection case than obtain a judgment that will be uncollectable.
If this is not productive, call the court immediately and ask to speak to the Clerk for the judge to whom your case is assigned. Explain your circumstances and ask for the case to be rescheduled. If the clerk will or cannot help you, then you must send a written motion to the court asking for the continuance. Be sure to put the case number on anything you file and send a copy to the Plaintiff's attorney.
Scott R. Jay, Esq., 305-249-8000