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Ask WALLSTREETESQ Your Own Question
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17248
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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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: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 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 and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 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 5 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 5 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 5 years ago.
We do not take calls, you can ask a questions again through the chat and I will help answer the questions.