Getting sued by creditor in circuit court-how do I ask for a continuance?

[psears123]

Hello,

I have a (first) court date in 2 days with a creditor (HFC) that is suing me at the Circuit Court level. I would like to show up and convince the judge to grant me a continuance while I get an attorney, do something else, blah, blah, (I'm really just looking to buy a little more time before I try to hit them with a Ch 7, but I don't want to "show my cards" until I'm ready).

What excuse can I use that they will most likely go for? Since it is at the Circuit court level, do I need an attorney for this request? Do I have to type-up an official pleading for the judge? Or will a simple oral request suffice?

Thanks!

[free2breathe]

psears, read through this thread http://www.bkforum.com/showthread.ph...-and-Judgments

It has a lot of good information about how to handle lawsuits.

[dumpinmydebt]

First, you should have requested a continuance sooner than 2 days beforehand that way this judge does not waste his time on you. You are likely going to start off on his bad side. The way he will see it is that you knew of this court date well enough in advance to at least come up with something besides "I need more time."

I just typed up a letter to my court requesting a continuance for 2 reasons:

I was unable to get off of work due to my boss being in the hospital and I was the second in command.

I also let them know my intent to file bankruptcy.

I told the truth. I also did this more than 1 week in advance. My magistrate only came in 1 day a week, so I knew it needed to be there at least 1 week beforehand to ensure he had time to look over my request and respond.

He gave me 3 weeks. By that time I filed and gave them my notice and that has been it.

I would not make up something that they will "go for." Just tell them you are getting ready to file, be honest.

You'd probably be better off filing an emergency petition and taking a copy to the court you are being sued in.

[tcreegan]

Hi psears123,

Show up and ask, worst thing is they tell you no...

If they tell you no and the creditor gets a judgement, they have to file a writ w/ the court and serve you with garnishment summons so you still have some time. Not sure what the VA timeline is for this..

Let us know how it turns out.

Tom in Colo

[psears123]

Went to circuit court this morning wearing shirt and tie. The creditor's lawyer was the there and he read his motion to the judge for summary judgement. When it was my turn, I just told the judge that I was "throwing myself at the mercy of the court" and also said that I was in the process of finding an attorney to help me deal with this issue. The creditor's attorney raised a half-hearted objection (he was actually just a hired gun for the actual attorneys, who are located outside the area). The judge went ahead and gave me another 30 days to get my stuff together.
Sweet!

[tcreegan]

Nicely done psears!! Good to see the 'little guy' win once in awhile!

Tom in Colo