Creditor suing me..how do I extend trial date?

[freedomnow7]

Thanks 2many...I just thought if your contract had an arbitration clause, it works both ways and it keeps you out of court. I have a copy of my Chase contract with the arbitration clause, but it doesn't say anything about not arbitrating collection manners. Hmmmm....

[2manybills]

Thanks 2many...I just thought if your contract had an arbitration clause, it works both ways and it keeps you out of court. I have a copy of my Chase contract with the arbitration clause, but it doesn't say anything about not arbitrating collection manners. Hmmmm....

Yeah those are to "protect" them again. Like if you have a dispute about charges or the terms of their contract something like that. It's always to their benefit.

[AllMyFault]

Your filing would stop it, but you would need to take action to inform the parties of such. If you file in person at the court you will get your case number within 10-15 minutes (depending on how busy the clerk is.) I would then deliver the notice in person to the parties involved in the garnishment. I would also inform your payroll department the minute you file as they would be the ones to stop it.

Well thats good to know....thanks!

[AllMyFault]

Well, as it turns out; due to the fact that I'm the defendant in this case the only way I can request a continuance of the trial is by getting the plaintiff (Chase) to agree and then by filing a Stipulation and Order with the court.
I've made to calls to Chase's attorney and left messages with no return call..apparently they aren't prepared to consent

[2manybills]

Well, as it turns out; due to the fact that I'm the defendant in this case the only way I can request a continuance of the trial is by getting the plaintiff (Chase) to agree and then by filing a Stipulation and Order with the court.
I've made to calls to Chase's attorney and left messages with no return call..apparently they aren't prepared to consent

I've dealt with the Chase guys on a couple of occasions, and they are pretty tough to get a hold of. But actually pretty cooperative. If you aren't able to get them to continue it, you may have to get filed right away.

[tobee43]

You can't usually elect to arbitrate collection matters.

i know that is usually the case....however, in some courts the judges are asking the creditors to work with the debtors.....but i think it depends on the judge and if you go to court and plead your case...stating i can only afford to pay this or that and throw yourself literary at the mercy of the court...

crazier things have happened??? i know, wishful thinking on my part.

[2manybills]

i know that is usually the case....however, in some courts the judges are asking the creditors to work with the debtors.....but i think it depends on the judge and if you go to court and plead your case...stating i can only afford to pay this or that and throw yourself literary at the mercy of the court...

crazier things have happened??? i know, wishful thinking on my part.

But in the end the court will still enter a judgment with the stipulation that so long as OP agrees to pay whatever a month, then they won't execute on the judgment. If you can avoid getting a judgment entered at all then I say that's the way to go.

[tobee43]

But in the end the court will still enter a judgment with the stipulation that so long as OP agrees to pay whatever a month, then they won't execute on the judgment. If you can avoid getting a judgment entered at all then I say that's the way to go.

yes, of course, i would absolutely agree with that...sometimes if that's not possible then again, the worse scenario would be to file the motion to vacate the judgment after the discharge.