Trial

[Fredhart]

I have a trial date with chase on Nov 5th in NYC. I answered the summons in person to the clerk, explaining I plan on filing Bankrupcy but haven't retained a laywer yet.

I would like to ask the Judge to delay the Judgement so I can file a BK, as I'm saving money for a lawyer. How do I do this?

[killinstinct]

Do some research here. I've seen it on the forum, just can't remmeber off hand. Probably particular as to state, etc. as well.


BUT GENERALLY....

Judges get really pissed off when people waste their time. The court system is ALWAYS backed up. If you were to show up on your own and simply tell the judge at the day of trial (no lawyer, anything) that you were filing BK, I can see him reaming the opposing counsel for wasting his/her time. It makes no sense for them to waste money/resources/the court's time to obtain a judgement that will be discharged in BK anyway....

I would seriously consider contacting the opposing counsel and telling them you're filing BK. Or just showing up the day of trial and telling the judge the same thing. Either way everyone's wasting time and resources. When they obtain a judgement, it's still a long way from being executed. They have to find your assets, garnish wages, etc. What a pain.

[Fredhart]

btw, in case anyone is interested. i went to court (on nov 5) and told the judge my story. this was the first hearing so she set the next one for april '10, giving me a few months to file. the chase lawyer protested, saying the next hearing should be in january, but the judge said a BK would vacate any judgement so she wants to give me ample time to to do that, rather than waste a judgement.

[wickedlate]

Very nice! Congrats!

[lookieloo]

FYI most judges are completely in favor of the consumer and completely disgusted by the OC. There are even situations where the OC may try to sue you but once the attorney sees the district your court in they don't even waste their time. They send your file back as judgment-proof.