Motion and Order for Extension of time

Reply Sun 28 Aug, 2011 06:39 pm
I am being sued by a credit card company and doing all my paperwork I have received a Motion and Order for Extension of Time from the Plaintiff. Do I need to answer this with any type of documentation??? If I am reading it correctly it looks as though the court already granted it. Do I need to also grant this request?
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Type: Question • Score: 3 • Views: 1,088 • Replies: 2
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Reply Mon 29 Aug, 2011 05:46 am
Hard to tell without seeing some dates or more specifics.

However, a few basics: you can agree to this request but it's not necessary that you do so. The court is the one that grants the motion if there is a dispute between the parties, not you. If you do not wish to agree to the request, you will need to answer - if you fail to answer, it will be assumed that you are acquiescing.
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Reply Mon 29 Aug, 2011 09:12 am
If the Order that you received was entered by the court, then it's official. You can tell if it has the judge's signature or stamp on it. If, on the other hand, it's attached to the motion as an exhibit (a "proposed order"), then it's just what the credit card company is asking the court to enter. As jespah notes, without seeing the documents, it's not possible to determine what you're dealing with.

You can agree to the request, but you don't have to. The court can (and usually does) grant a request for an extension of time on routine matters unless the requesting party (the "movant") is seeking the extension for purposes of delay.
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