Q: Should I file a motion to deny the continuance request filed by the Debt collector suing me due to false information?
Court is set for May 10 at the Justice of Peace precinct in my county. The copy of the continuance request I received states it is due to them not receiving an answer to the summons and wanting to prepare paperwork for a default judgement instead. They requested it be set back 60 days but I did file an answer that requested proof that they legally owned the debt in question and sent them a copy via email because it was listed as an option on the original summons. Would this even matter to a judge as he/she decides to approve or deny it?
A: You should file a Response to the Motion for Continuance stating that you did properly file your answer with the justice of the peace court and attach a file-marked copy of your answer as an exhibit to your Response. Unless there are other factors at play, I would state that you are ready to proceed to trial on May 10th as scheduled, but have no objection to a 60-day continuance of the trial setting; however, since you did file an answer, you will object to a default judgment being entered.
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