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Help! Emergency! Motion for judgment....


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Received a motion for judgment on the pleadings.... I have not answered my admissions/interogs on time so they've sent this.  (CACH-Taylor Law in Kentucky).  I'm in Mississippi--my case details are in a post awhile back.  (search my name if needed)

 

I'm late as I was just going ahead with bankruptcy....I found out today some things have to be tweaked before I qualify--it'll take a month or 2.  So, is there some sort of motion to ask for an extension?  I really have had some legitimate issues complicating my life (husband walked out in July and I have a lot on my plate besides this for sure!)   Of course they are saying all the admissions should be admitted since I haven't responded, but surely there is some way to ask for an extension?

 

I'm in Mississippi....its $24k we are talking about here. 

 

Thanks in advance.....

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I absolutely do not find this fun!  I have just been overwhelmed with trying to care for my kids since my husband abruptly left last month.  Oh, yes, the motion for judgment states that all admissions are now deemed admitted, therefore the are asking for motion for judgment on the pleadings as I admitted owing the debt. 

 

I'm just a bit over the bankruptcy limit per the attorney....I can fix that in a month or 2 at the most by reducing income.....but I don't want to leave any possible chance on the full judgment being awarded....which is why I feel like I should try to plead the court for extra time in answering the admissions. 

 

Would that be something that is even possible or likely?  If I respectfully explain (somehow) my recent change in events and circumstances and plead for an extension to answer??

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You keep going back you not wanting the judgment entered.  Why?  You're filling BK and all of your debts, including any judgments, will be included in it, assuming you have a BK lawyer that knows what he is doing.

 

And, if you're a contract employee (you're technically self-employed) they likely cannot garnish wages.

 

Talk to your BK lawyer.

If you're hell bent on filling something in response to the motion for judgment without taking to your BK lawyer, I'd suggest an opposition to their motion and then a motion for an enlargement of time on responding to their discovery requests. Cite your motion for enlargement and the reasons you give there in your opposition to judgment.

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It's just fear, Harry, and ignorance of the process....I will absolutely talk to the lawyer for sure.  I just found out today that I'm just a bit over for the means test and it freaked me out.  I can work on diverting some funds this month and next which will show a reduced income and should fix the problem.

 

I do appreciate your response. There is so much information here; it's truly a great resource.  Thank you :)

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You keep going back you not wanting the judgment entered.  Why?  You're filling BK and all of your debts, including any judgments, will be included in it, assuming you have a BK lawyer that knows what he is doing.

 

And, if you're a contract employee (you're technically self-employed) they likely cannot garnish wages.

 

Talk to your BK lawyer.

If you're hell bent on filling something in response to the motion for judgment without taking to your BK lawyer, I'd suggest an opposition to their motion and then a motion for an enlargement of time on responding to their discovery requests. Cite your motion for enlargement and the reasons you give there in your opposition to judgment.

They can place a lien on her bank account I assume for a judgement.

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They can place a lien on her bank account I assume for a judgement.

Not if the debt and subsequent judgment are included in Ch. 7 BK.  The debt becomes uncollectible.

 

Even if they get a judgment, it takes a few weeks to get liens and garnishments started.  They have to find the bank account to put a lien on it.  And who says she will still have that same bank account when it comes time to actually put the lien on it?

 

Nothing is going to happen in a couple week's time.  Probably not even in a month.

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