Im claimant. Lawyer of defendnt filed to dismiss w/prejud. I filed a motion of continuance so I could find a lawyer. Could the judge dismiss my case? I received disclosures within 20 calendar days , no copy of venue change was sent. Which filed for default because I didn’t know disclosure was also an answer? Is venue change same as an answer? I thought I had choice. Clerk left it on desk for 3 weeks. You can’t sue the court! Is it ok I responded with continuance motion while I seek help? There is still no decision which court it goes to. Can I keep it in small claims or do I have to agree? If you get disclosure papers is that the same as an answer? Instructions say defendant must change venue before giving answer.
Defendant’s attorney was just denied his motion of dismissal and judge sent me papers that say motion to set date for hearing and also said plaintiff can represent herself, yes, I did respond I was looking for a lawyer, now I think I can proceed with these instructions I received.
A: Yes, you need to respond or your case will be dismissed and you will not be able to re-file it. It’s hard to answer your other questions without more information. However, either party can have the case removed from small claims court just by requesting it properly.
* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.
Gunderson, Denton & Peterson, P.C.
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Mesa, Arizona 85213