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HELP!!! How to Get Continuance?

Date: Thu, 07/31/2008 - 04:23

Submitted by anonymous
on Thu, 07/31/2008 - 04:23

Posts: 202330 Credits: [Donate]

Total Replies: 3


I have a debt (valid from Citibank) that's been in collection and have received a summons for a court date. Its set for next week and I want a continuance. Are these usually granted as a matter of right the first time its asked or is the court going to be problematic? I want to ask for a continuance to request additional time to find a full time job (I've been looking for months) and can set up a debt consolidation of this and other debts. Is this feasible? Will the court be amenable and is the reason (which is completely true) one that the court will understand? I was hoping for a 60 or 90 day continuance.

I haven't talked to the law office that referred this to the court, should I? I've just avoided it all since I literally have no money to put towards the bill. If I talk to them, will they just postpone it on their own?s

In addition, although the summons was attempted to be served on July 5, I didn't actually receive it until July 20th or so (problems with the post office). The court date is 8/4. Even though I'm sure that's an official 30 days from initial attempt at delivery and court date, does that usually work? Its a pretty tight timetable, I would think there should be 30 days in between the last attempted delivery date, not the first, and the court date. Like I said, tight timeline. Is that ever a thing to challenge on to get a continuance or dismissal?

I want to do whatever I can WITHOUT appearing in court. So, even if I ask for a continuance, I'd prefer to send it to the court to enter it into the file, not go to court myself. Going to court just isn't going to be an option for me, I think I'd have a breakdown.

I live in Eastern PA, just outside of Philadelphia.

Please help with any advice you can give. Thanks.


I called the court, spoke with a very nice woman, and she told me to fax over a notice to defend, that this date was a default judgment date and since I will submit a notice to defend, the date will be postponed until some later date. Which is good, it buys me time.

I do not want to go into court. Seriously, like ever. I think I'm less sympathetic in court. I'm not a working attorney, but technically I am one, since I'm educated as such, so I fear if a judge asks enough questions ("you're unemployed? What area are you looking in?") they will discover this and not treat me as a typical pro se client. What do you think? Am I wrong about this?

This is also the reason I really don't want to be there (in court), I'm barely hanging on as it is, if I went to court, I might literally have a breakdown. I'm overeducated and unemployed, going to court to remind me what I wish I was doing could be seriously problematic.


lrhall41

Submitted by on Thu, 07/31/2008 - 10:57

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I was served an ex par te, causinga firing of a difibrilator in my chest, and making myself and my son homeless, I have only just gotten a home for us and managed to even get a home phone let alone consult with an attorney.


lrhall41

Submitted by on Tue, 08/11/2009 - 18:28

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