How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask WALLSTREETESQ Your Own Question

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15694
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Type Your Bankruptcy Law Question Here...
WALLSTREETESQ is online now
A new question is answered every 9 seconds

If the other party file a motion to compel the discovery and

Customer Question

If the other party file a motion to compel the discovery and get a hearing before the judge, which I failed to show up at the hearing. What will the worst case happen?

By the way, they never properly serve me with the hearing paperwork. It was done by regular mail.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 2 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

If the motion, is granted by default

WALLSTREETESQ :

the Judge can do the following:

WALLSTREETESQ :

1. Order you in contempt of Court,

WALLSTREETESQ :

2. Dismiss your bankruptcy case,

WALLSTREETESQ :

3. Order you to produce the documents requested

Customer:

What if I do not do any of the above... What can they do to me?

Customer:

By the way, they never properly serve me with the hearing date. Does that matter?

WALLSTREETESQ :

If they did not serve you, than you can have the judge dismiss their motion,

WALLSTREETESQ :

Also, if you do no do any of the above, your case could be dismissed,

WALLSTREETESQ :

Or you can be prohibited in defending your case

Customer:

If I contact the judge to dismiss the case, then they will know that I got the hearing notice. I used to live in Texas and recently I moved to California, the notice is forwarded to my new address in California. Does the Texas court has jurisdiction in California?

Customer:

If I don't show up and produce any of the requested documents, would a warrant issue against me for not complying?

WALLSTREETESQ :

It would not be criminal,

WALLSTREETESQ :

The TX Court would have jurisdiction in CA, this is Federal Court, and they would have standing

WALLSTREETESQ :

Usually your case would be dismissed by the Court,

Customer:

BotXXXXX XXXXXne, what can they realistic do to me? I don't want to get pull over by the police and get arrested. Can they do that? I know they eventually can tap into my bank accounts, but I really don't have any money anyway.

Customer:

BotXXXXX XXXXXne can they put in jail if I don't comply and don't produce any of the documents?

WALLSTREETESQ :

It is not a criminal issue,

WALLSTREETESQ :

If this a bankruptcy case,

WALLSTREETESQ :

the worst they can do as I stated is dismiss your bankruptcy or civil suit,

WALLSTREETESQ :

If you are the defendant,

WALLSTREETESQ :

than the Judge can grant the plaintiff a judgment against you

Customer:

Thanks a lot.

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15694
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
I did more research. There is something call bench warrant.

If after the hearing dates, the court order either that I am in contempt with the court or produce the requested post judgement discovery documents. In either cases, I still do not respond.

Will the court issue a bench warrant against me? How long does a bench warrant last?
Expert:  WALLSTREETESQ replied 2 years ago.
A bench warrant in a civil case is rare, especially if you default on a motion, In fact in 13 years as an attorney I have never seen a bench warrant issued in a case like yours, in most situations, the Judge, would allow the movant, to have his motion granted, and would either dismiss the case, or find you in contempt.

If you do not want to appear in this case, why don't you just have it dismissed?
Customer: replied 2 years ago.
Can I set up a conference call with you tomorrow? I am not really understanding this? I am willing to pay additional fee for your advise.
Expert:  WALLSTREETESQ replied 2 years ago.
We do not take calls, you can ask a questions again through the chat and I will help answer the questions.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.