How can I buy more time?

[sivuh5]

I'm in the process of filing CH7... have paid the initial $500 retainer to an atty and he has the paperwork ready, just need to come up with the $1200 balance to file.

In the meantime, HFC has taken me to court for $15000 for a judgement/wage garnishment. I filed an Appearance Form by the Answer Date as a delay tactic. I didn't plead either way, because there was no place to do that on the form and I didn't realize I needed to.

It's been about six weeks since the Answer Date and now I get a letter from HFC's atty indicating that they have filed a motion for default judgement with the court because I failed to file guilty or not guilty within the alloted timeframe.

Does anyone know if there's anything else I can file with the court to buy myself another 4 weeks or so? I think I will have the cash to file BK by 11/15, and I really don't want a judgement before I file (even though I know it can be vacated after).

Also, anyone know how long it takes from when a judgement is granted by the court to begin garnishment? I live in CT and work for a large corporation.

Thanks in advance for any insight.
S.

[justbroke]

I don't know what the rules are for a Summary Judgment in CT, but in most jurisdictions, there's a period of time to answer the Motion for Summary Judgment as well. You can answer it to cause a delay. File a Defendant's Opposition to Summary Judgment.

This will force the Court to schedule a hearing. The hearing will probably be 20-45 days from now... unless the Motion already includes a hearing date.

[justbroke]

I was bored, so I looked at the CT Practice Guide. You have 10 days to respond and the hearing is usually no less than 15 days after the motion is served.

You can delay this for 30 days by filing a Request for Extension to Respond. The clerk must grant this, and you have until 5 days before the new scheduled Hearing to file your opposition. (Sec. 17-45. —Proceedings upon Motion for Summary Judgment; Request for Extension of Time to Respond)

As with anything you do yourself (pro se), call the Clerk of the court to ask the procedural questions. They are very helpful when it comes to process or procedure. Don't ask for legal advice, as they can't and won't give it. Make sure you meet the deadlines. Don't file your Opposition the day before it's due!

[sivuh5]

Thank you!!!