I HAVE A CIVIL HEARING ON A UNSECURED DEBT, IF I DONT SHOW UP TO COURT WHAT CAN HAPPEN?

I HAVE RECEIVED A NOTICE TO GO TO COURT ON A UNSECURED DEBT. THE PAPERS WERE FILED ON 2/4/11, I RECEIVED THE NOTICE ON 3/25/11. THE COURT SAID THAT I NEED TO GIVE THEM A 5 DAY NOTICE BEFORE THE HEARING IF I WANT TO FILE A COMPLAINT FORM AGAINST THE PLAINTIFF. THERE IS ONLY 5 BUSINESS DAYS LEFT UNTIL THE HEARING. CAN I GET A DELAY BECAUSE I WASN’T GIVEN ENOUGH TIME?

Asked on March 25, 2011 under Bankruptcy Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to verify whether your receipt of this notice is insufficient legally speaking and you can make an appearance in court (limited appearance) to fight the insufficient notice. Meaning, you are not appearing generally, you are appearing to fight notice or jurisdiction. If you prefer to simply move forward, you may be able to attend court and ask for a continuance because it did not give you sufficient time to prepare or you can determine if you can file a continuance ex parte or if you must also give the plaintiff/petitioner notice of your request to continue the matter. Further, if you don't appear and don't attempt any of the above you would unilaterally be considered in default and then the plaintiff/petitioner would automatically win a judgment against you for the owed unsecured debt owed.


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