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Attorney & Mediator
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An attorneys office has filed a suit against me for a debt

Resolved Question:

An attorney's office has filed a suit against me for a debt I cannot recall. The summons (with a January 26, 2011 hearing date) was served on me January 13, 2011 and I have requested (in writing) information regarding the debt from the attorney's office but all they will give me is the amount owed to the creditor (it was to a pediatrician's office four years ago but I didn't think there was a balance owing), the amount of court costs due and process service fees. I faxed an application for a 30-day continuance to the Judge's clerk but have heard nothing. I need time to prepare an answer if I can get information about this debt so that, if it's invalid, I can challenge it. What is the initial hearing and is it fair that I only had less than two weeks to respond to it? At this point I just want the hearing on Wednesday to be rescheduled so I can have time to explore the debt information and my options.
Submitted: 6 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 6 years ago.
What is the initial hearing and is it fair that I only had less than two weeks to respond to it? At this point I just want the hearing on Wednesday to be rescheduled so I can have time to explore the debt information and my options.

The "initial hearing" is the only hearing you get. Typically the other party can get upto 5 days to answer, so two weeks is normal. To request a continuance you need to come to court and verbally make your request. It will be upto the judge to grant a continuance and typically you are granted the first continuance. In the meantime, if you wish to see the records in dispute you should serve the pediatrician's office with a subpoena duces tecum (a subpoena to produce their business records) regarding the alleged debt. Just prepared it today and have someone else serve it on the doctor's office. Then let the court know that you are waiting for the documents. Ask your local court clerk for the forms. If they don't have them, visit your local law library and/or book store for the "how to guides" on self representation.

In addition try to immediately do your answer and file it.





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