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What happens when you are sued but forced to move out of state midstream for good cause and appearances are now a hardship?

Elk Grove, CA |

I was served in Nov. 2011. I appeared January 2012. Other side asked for a continuance (implying nonexistent negotiations) till March 2012. It was granted. I appeared again in March 2012. A continuance was granted the other side until June 2012 (same reason). In May 2012 I had to quit my job and relocate from Hawaii to California to take care of my terminally ill daughter. I, with help, requested a continuance for that reason. It was granted until October 2012. I flew to Hawaii to appear in October 2012. Another continuance was granted the other side until January 2013 (same reason). That's 14 months of going nowhere. I did not mind the continuances before. But now it is a hardship to finance these flights back and forth. This is a $7,000 lawsuit. What can I do?

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Attorney answers 2


Have you ever talked settlement? People settle disputes all the time to avoid uncertainty in litigation.


Your choices are very limited.

You can hire an attorney, assuming this is not a small claims court action, but that will cost you a good amount of the total in controversy.

You can move to change venue to a forum more convenient for you, but unless the majority of the evidence and witnesses are in the other venue, it is likely not going to be a successful move.

You can negotiate a settlement because the costs of carrying on the lawsuit will quickly make defending it unreasonable.

You can stop defending the case and a default will be eventually taken against you and the plaintiff will have a judgment to enforce against you.

Or, you can continue to do what you have been doing.

There are really no other viable alternatives. Good luck to you.

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