If you were sued in small claims court (defendant), or if you have already filed your claim in small claims court (plaintiff), you will have a date for your court hearing. If you have a good reason you cannot make the date of your hearing, you may file a request to postpone your case.
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In California, if you are 10 or more days away from your hearing date:
- File a Request to Postpone Trial (SC-150) with the court OR write a letter to the court explaining why you need to change your court date
- Mail or give a copy of your SC-150/letter to other parties on your claim (they need to be notified that you are requesting a date change)
- Prepare a $10 filing fee (you may have to pay depending on if and when your claim was served)
You are less than 10 days away from your hearing date:
- File a Request to Postpone Trial (SC-150) with the court and ask the clerk to attach it to your file OR write a letter to the court explaining why you need to change your court date OR go to your trial and ask the judge for a postponement/continuance
- Include a good reason as to why you are filing your request so close to the hearing date
- Mail or give a copy of your SC-150/letter to other parties on your claim (they need to be notified that you are requesting a date change)
- Pay a $10 filing fee
After you send your postponement request:
- The court will respond to your request via Order on Request to Postpone Trial (SC-152)
- If the request is granted, the SC-152 or a similar notice will include a new trial hearing date
- If the request is denied, the trial hearing will be on the date it is currently scheduled and will explain why it was denied
- If you do not hear from the court, go to your scheduled hearing date
Take action, get started on JusticeDirect.com
NEED HELP WITH YOUR JUSTICE JOURNEY?
The quest for justice is never easy, particularly when it comes to getting your money back. However, thanks to advances in technology, it has become easier. Quest for Justice’s first app, JusticeDirect, is the only app of its kind designed to support people without lawyers resolve their dispute and get their money back, both in and out of court.
The first step to getting money back is through a letter demanding payment from the other party JusticeDirect offers customizable demand letters for free. If the letter demanding payment does not work, then the next step is taking them to court.
JusticeDirect* will guide users every step of the way through the small claims court process by helping them:
- Understand the legal process;
- Evaluate the pros and cons that come with taking someone to court;
- Generate small claims court forms; and,
- Avoid common mistakes when filing your forms and serving notice on the other side.
*Currently, JusticeDirect can only help litigants sue in California’s small claims court.