Legal Question in Real Estate Law in Wyoming
Suing Renters in Small Claims Court
My husband & I have filed suit against our property renters in small claims court. The renters broke a signed lease agreement, and vacated the property. We are suing for lost rental income and utility expenses. The renters have hired an attorney to represent them in this action. The attorney has requested & received to continuances. The questions: 1) how many continuances can be granted before a case must be heard, 2) as plaintiffs, do we have any legal recourse to force the case, despite the granted continuances? Thanks for your reply.
1 Answer from Attorneys
Re: Suing Renters in Small Claims Court
Your specific question is, "How many extensions can your opponent get?" The specific answer is that the judge controls his/her docket. It is within the judge's discretion to grant or deny motions for a continuance. Typically, after a couple of continuances, judges begin to suspect a delaying game and force the case forward to clear their docket.
Your question suggests another possible issue that you should discuss with counsel, specifically, what would the other side gain strategically by delaying the matter? I have some thoughts on the matter, but would prefer to discuss them with you in a more privileged setting. Feel free to call or e-mail if you would like to discuss this further.