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Robert Joseph Kruckemeyer
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Robert Kruckemeyer’s Answers

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  • How do I prolong the date of response from a law suit?

    My mortgage company is suing me. I have to file a response by the 20th of June. A lawyer told me during a discussion about bankruptcy, to file something saying "I deny the debt and to prove it." He said this would prolong the process a month or so...

    Robert’s Answer

    Since it is your mortgage company suing you I assume you are being sued in state court for breach of contract. I further assume that venue is not an issue because the mortgage company is most likely suing you in the county where the real property is located. The easiest way to prolong the process is simply by filing a Original Answer. It merely needs to state that you "generally deny the allegations contained in the Plaintiff's Original Petition." This will show the court that you are engaged in the process and you will enjoy the procedural protections that require the plaintiff to move for summary judgment in order to obtain a summary resolution of the lawsuit. If, at any time while the state court lawsuit is pending you file for bankruptcy, you merely need to file a "Suggestion of Bankruptcy" in the state court and this filing will automatically stay the state court proceeding until the mortgage company takes the steps to lift the automatic stay in bankruptcy court. Once the stay is lifted the mortgage company can continue to pursue you in state court.

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