Small claims action against me

[r0cdyqh]

What is the name of your state? OH

I have a small claims action filed against me for a payday loan that is scheduled to be heard on 3/8/06. Two weeks befor the appointment I asked the judge to reschedule this because I am out of town that week on company travel. I provided airline ticket proof, etc. He denied it for unknown reasons. The clerk at the courthouse said I could file an "objection" which would stall this?? Anyone know how to do this. She would not discuss how, etc. I need until 3/31 to just pay this off . They want to garnish my wages 15 days after the 3/8 heraring. I tried calling the payday loan company and they will not make arrangements until 3/31. They will file for garnishment 15 days after 3/8 which is 3/23. Can anyone advise on how I could file for an objection or prolong this until 3/31?

Thanks in advance!

 

[Chien]

Continuances for reasons such as given in your post are granted so routinely that I can only think that the problem may have been with the form or timeliness of the request. You don't go into detail about that but perhaps, if you review the following information about your Small Claims system, you'll be able to identify for yourself whether and where you went wrong and if it can be corrected or even if the judge absued his discretion:

Continuances.Any party may obtain one continuance, for not more than thirty (30) days, by delivering a written request for such to the Small Claims office at least seven (7) days in advance of the scheduled date of trial. A request for a continuance of more than 30 days or for a further continuance must be directed to the assigned magistrate in person. A special request for continuance will only be granted in exceptional circumstances.

Decision. After a case is heard, a written decision will be filed by the magistrate. Judgment. After considering the magistrate’s decision, the court will enter a judgment. The judgment rendered in this division ofthe court may be appealed or enforced in the same manner as any other judgment of the court.

Findings of Fact and Conclusions of Law. A party may request that the magistrate file findings of fact and conclusions of law (amore detailed opinion) within seven (7) days of receiving the decision. If such a request is made timely after the court’s decision is announced, the magistrate will include the findings of fact and conclusions of law in an amended magistrate’s decision.

Objections to the Magistrate’s Report. Within fourteen (14) days from the filing of the magistrate’s decision, any party may file with the court written objections to the decision. If a party timely files objections, then any other party may also file an objection not later than ten (10) days after the first objection is filed. If a party makes a request for findings of fact and conclusions of law, the time for filing objections begins to run when the magistrate files a decision including findings of fact and conclusions of law.Upon the filing of a timely objection, the case will be assigned to a judge for further review. The judge, after considering the objection and any memoranda thereto, may approve, reject, or modify the magistrate’s decision and enter a final judgment, may hear additional evidence, or refer the case back for a new trial. A copy of the final judgment will be mailed to all parties

 

[seniorjudge]

What is the name of your state? OH

I have a small claims action filed against me for a payday loan that is scheduled to be heard on 3/8/06. Two weeks befor the appointment I asked the judge to reschedule this because I am out of town that week on company travel. I provided airline ticket proof, etc. He denied it for unknown reasons. The clerk at the courthouse said I could file an "objection" which would stall this?? Anyone know how to do this. She would not discuss how, etc. I need until 3/31 to just pay this off . They want to garnish my wages 15 days after the 3/8 heraring. I tried calling the payday loan company and they will not make arrangements until 3/31. They will file for garnishment 15 days after 3/8 which is 3/23. Can anyone advise on how I could file for an objection or prolong this until 3/31?

Thanks in advance!

Have you asked for a continuance before?

(I did not read through the other 19 threads you have started on this same subject.)