Court will want to know why you did not appear. Possible reasons include accident on way to court, in hospital or plaintiff did not serve you. In other words, you need a legitimate reason for missing the original date. If service was made by sheriff or registered process server, court will presume it was made. You will have to provide proof that you were not at the service address as shown on the proof of service.
If court grants motion, it may ask to have case tried on the spot if you and plaintiff are both there. Be prepared for that. Read sections 116.730 and 116.740 of the CCP.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
In small claims court, if a party did not appear for the trial, the judge will want to know the reason(s) why.
If the explanation is plausible, the court will grant the motion and vacate the judgment and either re-set a new trial date (usually what happens) OR have the small claims trial right then and there (more unusual, but could happen).
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
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