Will I be able to get a continuance?

Okorie Okorocha

Here in my state, Ca, judges do not like to move the trial date and usually only do so due to illness or some extenuating circumstances.

Gregory Keith Boop

I practice in Ohio. I will assume Lucas County Court of Common Pleas. In Ohio, the first extension is called a "Leave to Plead" and in most counties is given as a matter of course for thirty days. After that you cannot "call in" to get more time. You must file a Motion for Extension of Time. It must be in writing. It must be served to the other lawyer (who can object to it).

Do not offer "need time to declare bankruptcy" as an excuse. First, the other attorney will object to your request for more time. Second, it is likely to be denied. A solid argument is that you need additional time to find affordable counsel to defend you.

Finally, try legal aid or the Lucas County Bar Association for help in preparing the extension.

Keith Samuel Hasson

Where I practice in Georgia such continuances are within the sound discretion of the trial court, and different judges, even in the same jurisdiction, can have different attitudes about when it is appropriate to continue a case, how many times, and for what reasons. Be polite, and be prepared to advise the court whether you have retained bankruptcy counsel, and, if not, when you expect to be able to do so.

Greg Reichenbach

One other possibility is to find an attorney to represent you in the credit card suit. This makes more sense if it will be a while before you can file bankruptcy, if this debt is the main reason for wanting to file bankruptcy, or you are not sure if bankruptcy is your best option. Another factor is whether the party suing you is an original creditor or a "bottom-feeder" (a company that buys up defaulted accounts). The latter often cannot prove its cases when someone puts up a defense. In some cases, an attorney experienced in this area of consumer protection law can take a case without charging up front, if you have a counter-claim against the collector that allows you to recover your attorney fee if you win. I recommend consulting with a collection defense attorney as soon as possible.