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Christina L. Geraci

Christina Geraci’s Answers

2 total

  • Do you receive any type of confirmation when a motion to dismiss is requested? approximately how long can the process take?

    do you have to go to court, or a hearing and do you need to bring any documents with you? yes, I have a attorney who provides little to no information and it is almost impossible to get ANY thing, including volunteered statements of "I will call ...

    Christina’s Answer

    When a Motion to Dismiss is filed you are served with a copy of the Motion, and with a Notice of the hearing date, time and courtroom the Motion is to be heard - unless you are represented by an attorney; in which case the party filing the motion serves your attorney the notice and motion. It appears you are represented by an attorney, therefore I assume your attorney was served as opposed to you. By served I mean given a copy by mail, fax or personal service.

    You should be able to request a copy of the motion from your attorney. If communication between you and your attorney has failed, I encourage you to find new counsel, or confer with another attorney on your issues. All motions filed in state or federal cases are available to the public. You should be able to obtain a copy of the motion from the court it was filed in if your attorney does not provide you a copy.

    I am assuming this is a federal civil case. If that is correct, you personally are not required to be present at the hearing – your attorney may represent you at the hearing. You (meaning your attorney) should file an Opposition to the Motion to Dismiss to prevent the Motion from being granted. I urge you to call your attorney and request a meeting to go over this process. I think it will help alleviate your confusion and better address your questions. There are a few variables that make it impossible to fully answer this question.

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  • Can my husbands debtors come after any proceeds I may earn from investing in stock?

    My husband and I are separated but not legally, and I am planning on buying stocks, can his debtors come after me for what he owes?

    Christina’s Answer

    Was the debt a community debt? Or was the debt his personal debt? Did it occur while you were married or after? The nature of the debt determines the collection rights the creditor has. If it is a community debt; meaning it occurred while you were married and for the benefit of the marriage, then they may collect from your assets. If it was your husband’s debt before you were married then they will have a more difficult time collecting from you. It is cleaner to file for legal separation and list your actual date of separation on the petition. This will prevent his creditors from attaching your assets from date of separation forward.

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