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I received a notice of court date after the date mailed to a

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wrong address what do I...
I received a notice of court date after the date mailed to a wrong address what do I need to do???? I don't want to get into trouble the court date was for a debtors exam
Submitted: 1 year ago.Category: Business Law
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Answered in 16 minutes by:
10/20/2016
Business Lawyer: Maverick, Attorney replied 1 year ago
Maverick
Maverick, Attorney
Category: Business Law
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Business Lawyer: Maverick, Attorney replied 1 year ago

You need to send a letter to the court and the opposing counsel with a copy of the notice that you received and a copy of the front of the envelope showing the stamp as to when it was mailed if there is one. You will need to explain the reason why you did not appear and then just wait and see what happens. They will likely re-notice the debtor's exam with a new date.

See this law. You could try to file a motion for protective order if discussing an alternate date with opposing counsel does not work. This would be the more formal way to handle the issue.

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Customer reply replied 1 year ago
Protective order? This is for a debtors exam
Business Lawyer: Maverick, Attorney replied 1 year ago

If the debtor's exam was ordered pursuant to a subpoena than one would normally file a protective order or a motion to quash the subpoena and argue at that hearing why he/she could not or should not have to comply.

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Customer reply replied 1 year ago
How do I do that? I have been paying the debt and would continue to do so but they was taking the payment out before I got my pay in my acct hence the court papers got filed
Customer reply replied 1 year ago
File a.motion to quash? I don't understand
Business Lawyer: Maverick, Attorney replied 1 year ago

I am not sure I am able to put the statements you have described above into context and what the current status of the case is. You may wish to opt for a phone call option on this. The cost is $59.00. Please see my offer. Or, you can just send the letter I first mentioned and wait for the court or other side to reschedule.

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