Small Claims Continuance
Posted 06 December 2012 - 11:13 AM
Posted 06 December 2012 - 12:11 PM
Posted 06 December 2012 - 12:19 PM
Posted 07 December 2012 - 08:03 AM
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?
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