Debt Settlement - Getting a new trail date - Canada

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RE: Getting a new trail date

Postby footloose » Wed Nov 07, 2012 03:14:13 PM

Contact the clerk of the Small Claims Court, either by telephone or in person and tell her that the date set for the Conference is not convenient for you as you will be out of town. Ask her to set another date after the time when you return.

She sets the Conference dates. She does not set trial dates. If this was a Small Claims Court Trial, either you or your agent ( such as a member of your family or a friend ) would have to attend the court on the day of the trial and ask the judge for an adjournment to a later date. First requests are always granted.

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Educating one Consumer at a time
footloose
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RE: Getting a new trail date

Postby karomk2 » Wed Nov 07, 2012 01:03:08 PM

Yes, you are correct. It's to the pre-trail settlement conference.
I juist thought it was all part of the small claim court protocol.
Do you know if they will give an extention to that date?
karomk2
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RE: Getting a new trail date

Postby footloose » Wed Nov 07, 2012 12:47:09 PM

Are you going to Small Claims Court or are you going tp a Mandatory Pre-Trial Settlement Conference?

If you have not gone to the Conference previously, then you are not going to the Small Claims Court.

Please explain.

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Educating one Consumer at a time
footloose
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RE: Getting a new trail date

Postby karomk2 » Wed Nov 07, 2012 12:22:28 PM

Sorry I wasn't clear enough.
An exfriend believes I should have paid him book value on a used car although we agreed that I pay half and repair and safety check the Honda on my own.
It's in small claims court.
It's just date I need to get moved if possible.
Thanks for your reply though.
K
karomk2
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RE: Getting a new trail date

Postby footloose » Wed Nov 07, 2012 12:09:43 PM

What is this "ticket" that you are talking about?

If it is a "ticket" you received from a police officer for an offence under the Highway Traffic Act, it is not dealt with in Small Claims Court.

Please explain.

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Educating one Consumer at a time
footloose
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Posts: 654
Joined: Mon May 31, 2010 07:12:21 PM
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Getting a new trail date

Postby karomk2 » Wed Nov 07, 2012 11:16:06 AM

Hello there.
I'm new here and wonder is someone has any experience at requesting a new trail date in Small Claims.
I just received a January 9/2013 court date, but am away for 19 days (annual holiday vacation) untiil late January 8/2013.
It would be really difficult (and stressful) to just return the night before, and turn around and go in to court the very next morning.
I was only hoping to get 4-5 days extension to allow myself and possibly a lawyer to prepare our trail.
Does anyone have any experience in making such an unorthodox request?
I very much appreciate any advice on this matter.
K
I'm willing to go down directly to the courts to prove this with a ticket if need be (it can not be cancelled).
karomk2
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Posts: 5
Joined: Wed Nov 07, 2012 10:41:01 AM
Province: ON


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