One of the hardest things for persons using the court system to get used to is the ease with which courts reschedule dates and times, almost without regard to the number of days you have taken off of work, or hired a babysitter. Unfortunately, you can ask, but you can almost never recover these costs of continuances or delays. Often a defendant can delay for several months with court approval, and thereby avoid paying you. While this may not seem fair to you, remember the court places the burden of proof on you to prove your case. Thus, while a judge does not side with the defendant, he/she does not necessarily agree with your case yet either, since your case hasn't been presented. Remember that all of this information is general in nature and is not designed to consider every possible set of facts imaginable. This discussion simply presents the most common areas of concern in bringing lawsuits that are overlooked or misunderstood.
Points to Remember
- Courts reschedule dates and times frequently.
- The defendant may reschedule a number of times and avoid paying you since you don't have a judgment yet.