Motion to Extend Time: How to File for Debt Lawsuits

You don’t have to panic when served with a debt collection lawsuit. You can file a motion to extend time to answer the summons. The process is straightforward in most counties.

You’ll typically fill out a form and submit it to the court clerk. The extra time helps you prepare a strong defense. You can also use it to hire an attorney or negotiate a settlement.

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Request an Extension From the Plaintiff First

Start by contacting the creditor or debt collector directly. Ask them to agree to give you more time. If they agree, put the agreement in writing.

The written agreement is called a stipulation. Your stipulation should include:

The name of the case
The case number
A statement that both parties agree to the extension
The new deadline to file your answer

A stipulation saves you time and court filing fees. Most creditors will agree to reasonable extension requests.

File a Motion to Extend Time With the Court

The plaintiff might refuse your extension request. You can still request one from the court directly. You’ll need to file a motion to extend time.

Submit an affidavit requesting the extension to the court. Include the case name and case number at the top. Your affidavit must contain specific information.

What to Include in Your Affidavit

Your affidavit should explain your situation clearly. Include these essential elements:

Your reason for requesting more time to file an answer
The defendant’s response when you requested an extension
A statement that the complaint is not a motion for summary judgment
Whether you’ve previously requested an extension in this case

You’ll also need a proposed order for the judge to sign. The judge will use this order to grant your extension. Submit both documents to the court clerk’s office together.

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What Happens After You File

The judge will review your motion and affidavit. If approved, the judge signs the proposed order. The court then serves copies to all parties involved.

You’ll receive notification of the new deadline. The plaintiff or their attorney will also receive a copy. You must file your answer by the new deadline.

Should You File a Motion to Extend Time?

Filing a motion to extend time offers several advantages. You gain time to hire a lawyer if needed. You can also use the time to prepare a thorough answer.

The extra time helps you identify all possible defenses. You can raise counterclaims that strengthen your case. You might also negotiate a settlement during this period.

Settlement negotiations often take longer than expected. Filing an extension prevents missing the deadline. You avoid a default judgment while exploring settlement options.

How Much Does It Cost to File?

Most states charge no fee for filing a motion to extend time. You can file without worrying about additional court costs. The process is designed to be accessible.

The lack of filing fees makes this option attractive. You can focus on preparing your defense. You won’t drain your resources just to get more time.

Do You Need a Lawyer?

You don’t need a lawyer to file a motion to extend time. You can file legal forms like motions and answers yourself. You just need to support your motion with facts.

Consulting a lawyer before filing is still wise. An attorney ensures your motion meets all legal requirements. They help you avoid unnecessary delays and possible rejections.

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Can You File a Second Motion to Extend Time?

You might need additional time after the first extension. You can file a second motion to extend time. However, courts rarely grant multiple extensions.

Most states limit how many extensions you can request. Your second motion faces stricter scrutiny. The judge may deny it outright.

Consider an alternative strategy if you need more time. File your answer to the court by the deadline. Then file a motion to amend the answer later.

Amending your answer is often more successful than requesting multiple extensions. You avoid the risk of default judgment. You can still improve your response after filing.

Can Your Motion Be Denied?

Courts grant most first-time extension motions. However, approval isn’t guaranteed. Several factors can lead to denial.

Timing is the most common reason for denial. You must file before the original answer deadline passes. Missing this deadline weakens your motion significantly.

Courts may also deny motions that lack proper justification. Your reason for needing more time must be legitimate. Vague or weak explanations reduce your chances of approval.

What Happens If Your Motion Is Denied

A denied motion puts you in a difficult position. You must file your answer immediately. The original deadline still applies.

Failing to file after a denied motion has serious consequences. The court may enter a default judgment against you. The plaintiff wins automatically without considering your defenses.

What If You Already Missed the Deadline?

Missing the deadline doesn’t mean all hope is lost. You can still take action if no default has been entered. Check with the court clerk about the case status.

File your answer immediately if no default exists. You technically miss the deadline to request an extension. However, you can still file a late answer.

The situation becomes more serious with a default judgment. Your lawyer can file a motion to set aside the default. You need to act quickly to prevent the plaintiff from winning automatically.

Consequences of Missing Deadlines

Missing court deadlines carries serious consequences. The court may enter a default judgment against you. The creditor wins the right to collect the debt.

A default judgment allows creditors to garnish your wages. They can also freeze your bank accounts. Your credit score suffers additional damage.

Avoiding these consequences requires timely action. File your extension motion before the deadline passes. Don’t wait until the last minute to respond.

Tips for Filing a Successful Motion

Start the process early to avoid last-minute stress. Contact the plaintiff about a stipulation first. A voluntary agreement is faster than court approval.

Prepare your affidavit carefully with all required information. Be honest and specific about why you need more time. Generic reasons are less likely to convince the judge.

Include a reasonable extension period in your request. Asking for too much time may seem unreasonable. Most courts grant 14 to 30 additional days.

Submit your motion and proposed order together. Missing either document delays the process. Double-check that you’ve included the case number on all forms.

Keep copies of everything you file with the court. Document when you submit your motion. Track the new deadline once your motion is granted.

Frequently Asked Questions

What is a motion to extend time in a debt lawsuit?

A motion to extend time is a legal request asking the court for additional time to file your answer to a debt collection lawsuit. You submit an affidavit explaining why you need more time, along with a proposed order for the judge to sign. Most courts grant reasonable first-time extension requests.

How do I file a motion to extend time without a lawyer?

You can file without a lawyer by submitting an affidavit and proposed order to the court clerk. Include the case name, case number, your reason for needing more time, and whether you've requested extensions before. Most states provide forms or have no filing fee for extension motions.

Can I get a second extension if I need more time?

While you can request a second extension, most courts rarely grant multiple extensions. A better strategy is to file your answer by the first extended deadline, then file a motion to amend your answer later if you need to add information or strengthen your defenses.

What happens if my motion to extend time is denied?

If your motion is denied, you must file your answer immediately using the original deadline. Failing to file after a denied motion can result in a default judgment, where the creditor automatically wins the case and gains the right to collect the debt through wage garnishment or bank levies.

Can I still file a motion to extend time after missing the deadline?

You cannot file a motion to extend time after the original deadline passes. However, you can still file a late answer if the court hasn't entered a default judgment yet. If a default has been entered, you'll need to file a motion to set aside the default judgment instead.

How to File a Motion to Extend Time for Debt Lawsuits