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Maverick, Attorney
Category: Business Law
Satisfied Customers: 6391
Experience:  20 years of professional experience
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I received a notice of court date after the date mailed to a

Customer Question

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: 9 months ago.
Category: Business Law
Expert:  Maverick replied 9 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 9 months 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: replied 9 months ago.
Protective order? This is for a debtors exam
Expert:  Maverick replied 9 months 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.

Customer: replied 9 months 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: replied 9 months ago.
File a.motion to quash? I don't understand
Expert:  Maverick replied 9 months 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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