I was summonsed today for AC Breach of Contract. My court date is September 4, 2009. I am in the state of Missouri. I owe more than $10,000. I plan of filing chapter 7 bankruptcy. How can I buy more time to prepare to file? Links? Specific details? THANK YOU!!!
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You may not need more time, depending on some factors.
Once a verdict is rendered, there is usually some time before they obtain a judgment.
Howver, you can also go to court and deny the claim or ask for a continuance to research the matter further.
You probably want an attorney to do this.
One case in Florida went like this:
Debtor received a summons.
Debtor asked for a continuance. He asked for 30 days to research the debt.
Debtor's continuance hearing was scheduled for six MONTHS later.
At the hearing, debtor's request for a continuance was granted, for a total of 7 months.11-20-09-- Filed Chapter 7
12-23-09-- 341 Meeting-Early Christmas Gift?
3-9-10--Discharged -
DMC is essentially correct. You answer the summons. You MUST do that. You must appear. If you don't, it is an almost certain 'slam-dunk' judgment against you. Then the creditor can proceed with whatever they intend to.
In our case: We answered the summons. The judge sent us both, creditor and us, to Arbitration. Arbitration in our area is held once a month, like the first Friday. That gave us 30 days.
HOWEVER, the date that we were scheduled for happened to fall on a date that we knew we were going to be out of the state, which could not be changed. We spoke up and said so. That pushed the Arbitration date back another 30 days. In the mean time we filed.
So essentially we ended up with around 90 days to work with."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."Comment
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To add to the above:
Each time a motion is made to the court, the other party has either 20-30 days to respond, depending on your district and the local rules of the court.
Once you respond, then the other side has 20-30 days to respond, and so-on. It is like a long-winded game of 'Tit-For-Tat'.
People who think that legal cases in the court system are finished quickly, have been watching too much TV. It isn't. The process is extremely slow, time-consuming, frustrating, and is a money-pit."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."Comment
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So, this won't take an hour, minus 22 minutes for commercials? ;)
Thank you, both! I appreciate it!
Originally posted by AngelinaCat View PostComment
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