Small claims court question?

Question

if i take someone to small claims court? will i get to choose the court day? or will the court pick for me?

Answer 1

You cannot choose the date. You may be able to get several dates to chose from but they will not be night court dates. And you will have to take the time off work to file the claim to be able to pick the date from the selection. If you file by mail you will only get whatever date they assign you.

I have never heard of any jurisdiction that allows you to seek time off work for the hearing from the person you are suing. You can seek your filing and service costs,  though.

Answer 2

   You do not get to pick a day and time.  Night court is for immediate issue, not scheduled ones.  Missing a day of work is part of the small claims process.  You could file for reimbursement for the missed work time when you file the paperwork, but you can not ask for it once you are in court.  So if you want them to have to pay for your missed work hours, make sure you include that amount in the original court paperwork.

Answer 3

I don't know many places that do night court anymore.  Normally when you go in and file a complaint, you can tell them what you'd prefer for a court date.  If that is a day that the judge will be seated and hearing small claims cases you should get the date.  If not, you will need to take a day off work or not pursue the claim.  

Answer 4

No,

you'll be assigned a day & a time to appear in court.