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Need mo time

Started by reagantrooper, Sep 28, 2005, 05:47:26 AM

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reagantrooper

Soc
I am under a CO to pay my X $1950.00. I have untill 10/6/05 to make good on this order. I will only be able to pay $1200 by that date. I will need about another 2.5 - 3 months to pay the rest.

1. Should I  just pay what I can when I can and wait for the other side to react?

2. Should I write the other side explaing my situation and ask her to cut me some slack on the time?

3. Should I file a motion for an extension of time on the CO?

4. If 3 is afirmative what would it look like?

5. With the fact that I will have %63 of the total CO paid in time could any judge find me in contempt?

Thanks a BUNCH!!

socrateaser

>1. Should I  just pay what I can when I can and wait for the
>other side to react?

You should first attempt to enter into a stipulated order with the other side to make payments towards the balance due, on a definite and certain schedule, which will begin with your good faith tender of $1,200.

>2. Should I write the other side explaing my situation and ask
>her to cut me some slack on the time?

See above.

>
>3. Should I file a motion for an extension of time on the CO?

If you can't obtain a settlement via #1, above, then you should file a motion with the court to order the payment plan as you suggest, on grounds that you will be faced with insolvency if your motion is not granted. Then, you will need to prove your case.

>
>4. If 3 is afirmative what would it look like?

Let's not go there, until you try #1, above.

>
>5. With the fact that I will have %63 of the total CO paid in
>time could any judge find me in contempt?

The judge must find you in contempt if you have the ability to pay (i.e., borrowing power or liquidatable assets) and you fail to do so, timely.