How to File Motions for Continuance in Wage Garnishment Cases
Missing a hearing for a wage garnishment case is a bad decision for either the plaintiff, who may have to give up the small claims suit, or the defendant, who will likely face a default judgment without being able to plead his case. However, work or other prior commitments can make it impossible to attend the court date. Individuals in this situation can protect themselves by filing a motion for continuance, delaying the court date.
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Instructions
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Read through the court summons that is sent to both parties to announce the court date for the wage garnishment case. This form will include the amount of time both parties have to respond to the court before a default judgment occurs. The motion for continuance must be filed during this window of opportunity to delay the court date.
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Contact the clerk of the small claims court processing the wage garnishment case and request any forms that must be filed for a motion for continuance. You will likely need to include the reason why you cannot make the appointed court date.
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Complete the form that must be filed to process the continuance in your wage garnishment case. You will typically need to include the case number and the judge's name, as well as the reason for filing the continuance.
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Pay all fees associated with filing the motion for continuance to the small claims court. Depending on the court and the amount of the wage garnishment case, filing fees can range from $10 to almost $200 per filing.
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Tips & Warnings
Pay attention to your mail in the days following your filing of a motion for continuance. The court may decide to deny your request for a continuance if they do not accept your reason for asking the court to move the date. If this happens, you must make the previously appointed court date or risk a default judgment.
