Motion for Continuance

[EbayBob]

What is the name of your state (only U.S. law)? Indiana

It's been just over a year since I was awarded a $2500.00 judgment against my neighbor, and only recently filed a Proceedings Supplemental due to him being unemployed up until recent. I also filed a Subpoena to Produce Documents(pay stubs, bank statements, titles, deeds, etc.) for that hearing, and recently they filed a Motion for Continuance stating they needed more time to gather documents. I'm sure this is more of a stall tactic than him actually needing more time. I know I could produce all the documents requested in a few days, and they were given 30 days.

With that said I have 2 questions. Is there anything to gain by objecting to the motion, or is this typically something a judge will rule on based on the facts(is 30 days enough time to produce the requested documents) and not just whether I object or not?

Secondly, I noticed the Motion for Continuance was not even signed by the actual defendant......his wife filled it out and signed his name to it. It's actually quite obvious and I have enough signed documents by him to show it's not his signature. Is that cause for any consequences, or am I just reaching for straws?

 

[Ronin]

Is there anything to gain by objecting to the motion

Not really, courts will often automatically grant one motion for continuance in these types of cases.

am I just reaching for straws?

Yes

 

[EbayBob]

Motion for Continuance - UPDATE

I ended up not objecting to the defendants Motion for Continuance, and just received notification in the mail from the Courts that the motion was denied.

I guess I'm lucky to maybe have a judge that rules based on the facts, or that is less sympathetic towards debtors, because I would have guessed he would have ruled the other way as Ronin suggested.

Sorta renews my faith in the justice system. Now we will see how things go at the Proceedings Supplemental on June 22.

 

[EbayBob]

Defendant files another Motion for Continuance

The saga continues.....Apparently the court denying his first attempt for a continuance, isnt stopping the defendant from trying again. The first attempt was for reasons of "needing more time to gather documents". This time he's trying the excuse; "I will be out of town that day".

Will be interesting to see how the judge rules on this one. I can't imagine he will grant this.....but then again, I thought he would grant the first one and he didnt.