Order to appear in circuit court to answer to employment, means, and assests.

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Order to appear in circuit court to answer to employment, means, and assests.

I have recieved an Order to appear in circuit court to answer to employment, means, and assests in a few days. I have hired a bankruptcy attorney in order to file bankruptcy, the problem is that my attorney cannot get me filed prior to the court date. What are my options to protect myself in the mean time (perhaps asking the judge for a continuance?)?

Asked on May 9, 2009 under Bankruptcy Law, Indiana

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is hard to say what your options are, without knowing what kind of case it is that you are being ordered to appear before the circuit court.  It sounds like a proceeding by someone who already has a judgment against you, to find out how he or she can collect.

You can always ask for a continuance, but the problem is that you need a reason for it, and waiting for your bankruptcy to get filed probably isn't good enough.

I would hope that your bankruptcy attorney has explained to you how the bankruptcy, once filed, will affect that judgment against you;  if not, that is an urgent question you need to ask.  If your bankruptcy attorney can't give you a recommendation on how to hande the circuit court proceeding, you should talk to a civil practice attorney. One place you can find one is our website, http://attorneypages.com

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your attorney should ask for a continuance and you may have it granted.  Really depends on the docket (case load), the judge and the issues at hand.  Talk to your bankruptcy atty about filing a continuance.


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