Cannot defend frivolous small claims suit due to health issues

F

find.legal.advice

New Member
Jurisdiction
California
Hi and thank you in advance for reading this. Someone is suing me in small claims and I have consulted with an attorney who has assured me the claim is frivolous, which I also believe with 100% confidence. However, I'm going through severe health difficulties at the moment and am unable to prepare adequately for the case, which involves copious documents to be organized in a coherent manner. Despite letters from my treating doctors, the judge won't grant a postponement. I know I can appeal after the case is over, but I'm unlikely to be in good enough health by then and if I hire attorneys I won't be reimbursed for their fees, a "small claims advisor" has told me. I don't know what to do. This seems like quite an exploitable weakness in the American system. Please advise on any options I may not be aware of. Do I have any recourse after a judgement is entered against me (if that happens)? Thank you.
 
How much of your money is the shyster trying to obtain?

Ask your physician if she/he would write a letter detailing your medical maladies, requesting the judge to postpone the matter for 90 days as you are undergoing medical treatments and care.
 
If the claim is truly friviolous then the judge would see that whether you appear at the trial or not. In that case, the judge would rule against the plaintiff. Just because you don't show is not an automatic win for the plaintiff. He still has to at least make a prima facie case (that is, a case that meets all the elements of the claim if all his claims were proven) to get a judgment. If the plaintiff can at least do that, then the case isn't frivolous and your inability to defend would indeed result in a default judgment against you. You may appeal that decision should it occur, which in California would result in a new trial. That's not something that would take place right away. You say that you wouldn't be able to prepare for that either given your health. If that's the case, then even if the small claims court granted you a continuance, you'd apparently still not be able to make the rescheduled trial date, so that wouldn't do you any good.

You can't indefinitely postpone the trial while you work on improving your health. It's unfortunate, but if your health is such that it's going to disable you from doing things like preparing a defense in this case, that's one of the unavoidable pit falls of life. The plaintiff has a right to expect that his case will be heard in a reasonable period of time. Your health problems are not his fault, after all. I am not unsympathetic to your plight. I have suffered from a chronic condition for decades and as a result have incurred costs for things that I would not have had if I had felt better and been able to up to doing the things needed to avoid the expense. It sucks, but life doesn't always deal us a fair hand.
 
The California Courts have a self help section of its internet site, including a page on remote court hearings. Ask the court clerk for the court that handles small claims matters in your county if remote appearances are an option and it is, the clerk should be able to give you whatever forms or other information the court has about remote appearances. In general, these types of questions are not handled by the judge.
 
army judge said:
How much of your money is the shyster trying to obtain?

Ask your physician if she/he would write a letter detailing your medical maladies, requesting the judge to postpone the matter for 90 days as you are undergoing medical treatments and care.
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$10,000. I did submit a letter from one of my specialists but apparently it is policy of this judge to not grant any postponements. I also don't think postponements would help at this point because I'm nearly completely debilitated.
 
adjusterjack said:
For what?
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Claiming I owe them additional money for services already rendered, that I did indeed already paid for. They are submitting falsified documents and statements that I can easily disprove (I have gathered some evidence against, not all) but it's just time consuming. I think this person banked on me not being able to defend myself before starting this lawsuit.
 
Tax Counsel said:
The California Courts have a self help section of its internet site, including a page on remote court hearings. Ask the court clerk for the court that handles small claims matters in your county if remote appearances are an option and it is, the clerk should be able to give you whatever forms or other information the court has about remote appearances. In general, these types of questions are not handled by the judge.
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I've confirmed I can appear remotely; what I'm concerned about is not having the ability due to illness to gather documents disproving their lies. This is a business - do I have any recourse if I lose this case or will I be SOL and have to pay the judgement or risk ruining my credit if I lose?
 
find.legal.advice said:
I've confirmed I can appear remotely; what I'm concerned about is not having the ability due to illness to gather documents disproving their lies.
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Then you ask the judge for a continuance to give you more time before he/she rules. But the judge may find, that what you provided the court is sufficient evidence to make a ruling. Get what you have to the court ASAP.
 
As the defendant, if you lose you will have the opportunity to appeal and request a new trial.

Appeal (challenge) the judge's decision | California Courts | Self Help Guide

Before you start You can only appeal a judge's decision when you owe money. Usually this means only the Defendant can appeal. But, if you're the Plaintiff and the Defendant sued you back and you lost on their claim, you can appeal that decision.
selfhelp.courts.ca.gov selfhelp.courts.ca.gov

Small claims appeals | California Courts | Self Help Guide

How small claims appeals work Only the side who owes money can appeal the original judge's decision There is a different judge who doesn't know what happened at the first trial Both sides get to present their side and evidence again as if the case was being decided for the first time The biggest...
selfhelp.courts.ca.gov selfhelp.courts.ca.gov
 

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