Debt Collection, Garnishment, Repossession

questions & answers

Question: I need an extension of time to answer a motion for summary judgment filed by the Dept of Justice. How do I request an extension?

Answer: The answer to your question is governed by the Federal Rules of Civil Procedure, Rule 56(d).  (I am assuming you are defending against the United States Department of Justice).  The Rule states:  "If a non-movant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) defer considering the motion or deny it; (2) allow time to obtain affidavits or declarations, or to take discovery; . . ."  More simply put, if you can show specific facts or reasons why you need more time to mount your defense, the court may grant you an extension.  You would be required to file a Rule 56(d) motion supported by affidavit that contains factual reasons for delay.  For instance, there are documents you need to get from your bank showing you paid the debt, or you have requested documents from the police showing you were a victim of identity theft and do not owe the debt.  Those are just examples of the types of facts that would warrant delay.  Your facts are specific to your case.