Can You Postpone a Small Claims Court Date?
Can you postpone a small claims court date? Yes. Either side can ask, and courts grant continuances all the time. But a postponement is a request, not a right: the judge only grants it for a good reason, there is a form for it, and there is a deadline for asking. Here is the whole process, including the part people learn too late.
Who can ask, and what counts as a good reason
Both sides have standing. The plaintiff can ask for more time to serve the defendant or to finish gathering evidence. The defendant can ask for time to prepare a defense or secure a witness. California's self-help courts spell out the standard plainly: the judge grants a new date only for a good reason.
Good reasons have a shape. A medical emergency, a family emergency, a key witness who cannot make the date, service that failed and needs another attempt. These read as circumstances. "I am not ready" reads as a choice, and judges hear the difference. One request with a real reason usually goes through. Repeated requests read as delay tactics, and judges stop granting them. File the first request early and make it count.
The form, the deadline, and the $10 fee
Do not write a letter to the judge. Courts want a motion, and most have a form for it. In Nevada, the Civil Law Self-Help Center directs you to a fillable Motion to Continue filed with the justice court where the case sits, and warns you plainly: the court does not have to change your date. In California, the form is the SC-150 Request to Postpone Trial.
Timing decides most requests. California wants the SC-150 filed at least 10 days before the trial, with the other side served a copy and proof of that service filed alongside. File it closer than that and you have to attach evidence explaining the delay, which is a harder sell. Los Angeles County adds a small price signal: if the defendant has not been served yet, a plaintiff can reset the date free, but if service is done or the requester is the defendant, the postponement costs $10. Either way you must notify the other party, who gets to oppose.
If you have not managed to serve the defendant at all, say so on the request. An unserved case is the easiest continuance to win, because the court cannot hold a fair hearing without the other side. Orange County even lets a plaintiff return the unserved claim papers with the postponement form at least three court days before trial and get a new date at no charge. Compare that with the cost of filing the case in the first place, and the economics favor asking early.
If the judge says no
Then you go. That is the whole of it. The hearing happens with or without you, and "without you" has a price: dismissal if you are the plaintiff, a default money judgment if you are the defendant. There is no third option where the date quietly passes and nothing happens. If you filed for a new date and lost the argument, put the hearing at the top of your calendar and treat it as immovable, because it is.
Frequently Asked Questions
What counts as a good reason to postpone small claims court?
Courts grant continuances for real conflicts: needing more time to serve the defendant, a medical or family emergency, a key witness who cannot attend, or needing more time to gather evidence. Convenience alone is usually not enough.
How far ahead do I have to ask for a continuance?
File as early as possible. In California, the request to postpone trial must be filed at least 10 days before the hearing. Late requests need documented proof of what caused the delay, and judges grant them far less often.
Is there a fee to postpone a small claims court date?
Sometimes. In Los Angeles County, a plaintiff who has not yet served the defendant can reset the date free; otherwise the postponement costs $10. If your case is dismissed and you refile, you pay the filing fee again, which makes a timely continuance cheap by comparison.
Can the other side object to my continuance request?
Yes. You must notify the other party of your request and file proof that you did. The other side can oppose it, and the judge decides. This is one reason courts disfavor repeated requests that look like delay.
What happens if my continuance request is denied?
You must attend the hearing as scheduled. If a plaintiff does not appear, the case can be dismissed. If a defendant does not appear, the judge can enter a default judgment against them.
Know the Filing Fees Before You Start
A continuance is cheap. A dismissed case you have to refile is not. See what filing costs in your state before you commit to the process.
Compare Fees by State