Legal Question in Credit and Debt Law in Illinois

Can I file a motion for continuance if I already had one?

I was sued by a creditor, and appeared in court on my scheduled court date.

The attorney for the creditor moved for a continuance (rather than enter a judgment against me), and the judge granted it, because:

1. I was already paying on the debt through a legal service, right up to the month in which I made the appearance, so it was clear I wanted to repay, and

2. I was unemployed, so they gave me 60 days to find a job and setup a payment plan.

However, my new appearance is in a few days, and I still have not found a job. Furthermore, I have exhausted my unemployment benefits, so now I have zilch coming in, and no one to borrow from.

I don't want to file bankruptcy, altho I am eligible, and I don't want a judgment on my record. I am in the process of setting myself up as a freelance secretary, and either bankruptcy or a judgment would create obstacles to my credibility. Soooo,

Question 1: would I be able to file a motion for another continuance myself, or is that a procedure that only the creditor can initiate in this case?

Question 2: what can you suggest my next steps would be in the meantime?

Thank you for any and all suggestions.


Asked on 5/23/09, 4:00 pm

1 Answer from Attorneys
John Lee John D. Lee and Associates, LLC

Re: Can I file a motion for continuance if I already had one?

Yes, either party to a lawsuit may file a motion for a continuance. The judge decides whether or not to grant the motion after hearing from both sides. Go to court, write up the motion on the forms provided for at the clerk's desk, and explain to the judge your current situation and plans.

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Answered on 5/24/09, 11:20 am


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