mssouthernbelle Posted August 27, 2014 Report Share Posted August 27, 2014 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..... Quote Link to comment Share on other sites More sharing options...
BV80 Posted August 27, 2014 Report Share Posted August 27, 2014 @mssouthernbelle Have you spoken to a bk attorney? If so, ask him what you need to do about this lawsuit. You may not have to bother with it. Does your state allow for garnishment of wages? Do you have wages that can be garnished? Quote Link to comment Share on other sites More sharing options...
mssouthernbelle Posted August 27, 2014 Author Report Share Posted August 27, 2014 I will ask him....I do make wages but I am a contract employee. I will be filing bankruptcy but I need a couple months before I qualify. I am just a little over. I thought I would just try to play along with CACH in the meantime. Quote Link to comment Share on other sites More sharing options...
BV80 Posted August 27, 2014 Report Share Posted August 27, 2014 @mssouthernbelle You could play along with them if you think it would be fun. But writing a decent opposition takes time and research. Then you have the fact that you didn't answer discovery. Did they send admission requests and say anything in the MSJ about them being admitted because you didn't respond? Quote Link to comment Share on other sites More sharing options...
BeachesandBeer Posted August 27, 2014 Report Share Posted August 27, 2014 If you are sure you are filing BK7 don't worry, they can't get a wage garnishment that fast. It takes a judgement, then filing documents to report your income, etc,etc, so you have a few months if not more. Quote Link to comment Share on other sites More sharing options...
mssouthernbelle Posted August 27, 2014 Author Report Share Posted August 27, 2014 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?? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted August 28, 2014 Report Share Posted August 28, 2014 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. Quote Link to comment Share on other sites More sharing options...
mssouthernbelle Posted August 28, 2014 Author Report Share Posted August 28, 2014 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 Quote Link to comment Share on other sites More sharing options...
credit2011 Posted August 28, 2014 Report Share Posted August 28, 2014 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. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted August 28, 2014 Report Share Posted August 28, 2014 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. Quote Link to comment Share on other sites More sharing options...
BV80 Posted August 28, 2014 Report Share Posted August 28, 2014 @Harry Seaward I would assume we need to know if a date has been scheduled for a summary judgment hearing. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.