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Small Claims Continuance


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#1 eht1961

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Posted 06 December 2012 - 11:13 AM

In a small claims case will a continuance be granted for military duty if there are two defendants who are related and both named?

#2 pg1067

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Posted 06 December 2012 - 12:11 PM

Maybe, depending on the relevant facts and the laws of the state where the case is filed.

#3 Tax_Counsel

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Posted 06 December 2012 - 12:19 PM

That depends on (1) in what state this case is taking place (and you didn't say) and (2) the details of the lawsuit, including what claim is being made, who the military person is in this matter (plaintiff, defendant, something else), whether he/she is on active duty, and how he/she is related to anyone else in this case. Under some circumstances, the provisions of the Servicemember's Civil Relief Act will apply and the court may be obligated to continue the case. Note that the Act also extends protection to the spouse, dependents, and co-obligors of the military member in appropriate circumstances.

#4 Guest_FindLaw_Amir_*

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Posted 06 December 2012 - 12:23 PM

What state is this concerning?

#5 eht1961

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Posted 07 December 2012 - 08:03 AM

Sorry for the vagueness before pertaining to this question, the state is Vermont. It's a small claims case betwwen 2 brothers and myself in a property dispute. One is a member of the Air Guard being deployed for 6 months. They sold me a 1/3 interest in property then reneged on the deal, did not add my name to the deed and had me served with a no trespass notice on the property. Yet they have kept personal property and monies paid and disposed of property not belonging to them that I had a bill of sale for in my name only.

#6 adjusterjack

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Posted 07 December 2012 - 01:44 PM

Sorry for the vagueness before pertaining to this question, the state is Vermont. It's a small claims case betwwen 2 brothers and myself in a property dispute. One is a member of the Air Guard being deployed for 6 months. They sold me a 1/3 interest in property then reneged on the deal, did not add my name to the deed and had me served with a no trespass notice on the property. Yet they have kept personal property and monies paid and disposed of property not belonging to them that I had a bill of sale for in my name only.


Read section 521 and 522 of the Serviceman's Relief Act at the link previously provided.

It does appear that the serviceman can get a stay of proceedings.

Whether that also applies to the brother, I don't know.

Based on what I read in the statute, it's possible that the court might not grant the stay since the brother is available to appear and answer to the allegations.

Trouble is, once the serviceman requests it, you are likely going to have to properly respond to the request and provide the court with grounds for denial of the stay.

Has the serviceman filed a request for the stay?

And when you filed your lawsuit did you complete the affidavit that says whether or not (to your knowledge) the defendant was in the service?

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





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