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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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I received an order to attend court for questioning for which

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I received an order to attend court for questioning for which the hearing is tomorrow, however I don’t have the information the it states I must bring namely bank statements and pay slips as the notification was delivered only giving me five days to gather the information. What should I do? Is it possible to get the hearing postponed until I have the information I should I attend anyway?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
What I suggest you do is the following:
1. Write a letter to your bank and employer requesting this information stated under the court order;
2. Write to the party on the otherside and request more time to get the information together and send them a copy of the letter you have sent to your bank and employer;
3. Write to the court and enclose a copy of the letter to your bank and employer and a copy of the letter to the other side and ask for an extension.
This is a court order and you cannot ignore it, if you want the court to be lenient you just have to show you have taken all the reasonable steps you can and the reason why you cannot therefore deliver the information requested is outside your control.
I would certainly still attend the hearing and explain what action you have taken and explain an estimate for you expect to be able to get hold of the information.
What type of hearing is this? Is it a civil claim?
Kind regards
AJ
Customer: replied 2 years ago.
Hi AJ
Thank you for your response.
It is a civil matter regarding a credit card debt. If I forward the letters the letter the the other party and the court obviously they won't receive them before tomorrow, should I fax/email the documents and follow up with a call, or should I just attend court and take the letters?
I am in the process of applying for bankruptcy so essentially this will be a fruitless exercise, should I let the court know this as well and will it have any baring in the matter?
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
All I can suggest is do everything that you reasonably can, so yes send it by fax if you can and then take it to the hearing.
If you apply for bankruptcy this will of course have a baring on the situation. Ultimately your creditor will just join a line of your other creditors in the bankruptcy.
Kind regards
AJ
Customer: replied 2 years ago.
Should I disclose this is the case at the hearing?
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Have you actually petitioned for your own bankruptcy?
It is difficult because if you have made the petition it really wont stay a secret for very long but at the same time you do not prejudice your case in anyway.
The court will obviously be able to find out if you have taken any formal action.
It may be worth stating you are in the process of taking advice and "bankruptcy" maybe a viable option for you to consider?
Kind regards
AJ
Customer: replied 2 years ago.
I haven't submitted the petition yet but will do in the next week or so.
If I let them know that this is the case today, will it make them more aggressive tomorrow or is there a chance that they will allow a postponement of the hearing?
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
It is impossible to say, there is a chance they might postpone the hearing, simply because there is no point enforcing a judgment against someone who is bankrupt.
They do not actually need the Judgment as it is a credit card debt so they may take the view to just stop the proceedings.
It may be worth writing to them and saying in a letter "on a without prejudice basis" that you are considering bankruptcy?
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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