Order to appear in circuit court to answer to employment, means, and assests.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 14 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 14 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.