As a plaintiff,I missed a court date set by up by a attorney whom has since quit. It was for a lawsuit regarding my property.

Asked over 1 year ago - Hayward, CA

the judge is talkiing about sanction's to me. If I don't show up will they just cancel it? Or will I be in any trouble?

Attorney answers (4)

  1. Rixon Charles Rafter III

    Contributor Level 20

    8

    Lawyers agree

    Answered . You'll be 'in trouble'.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  2. Jason Todd Studinski

    Contributor Level 20

    8

    Lawyers agree

    Answered . I suggest you keep every court date. You should attend scheduling hearings. Don't assume the hearing will be cancelled. There may be negative legal consequences for failing to show up - and, even if you are not held in contempt of court or sanctions are not entered against you, failure to appear irritates the Judge and other court personnel. I would suggest that you actively search for a new attorney, attend the hearing, and ask the Judge for additional time to allow you to retain new counsel. Good luck.

  3. Michael Raymond Daymude

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . My suggestion -- talk to a lawyer first to learn your options and show up. Cancel what? Sanctions can range from monetary to striking your pleadings and entering judgment against you.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  4. Frank Wei-Hong Chen

    Contributor Level 20

    4

    Lawyers agree

    Answered . You need to appear at the Order to Show Cause hearing and explain why you failed to appear for the court date. If you don't show up, the court will likely sanction you money (perhaps anywhere from $250 to $1,000, payable to the court) and/or dismiss your lawsuit entirely.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more

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