Alabama debt collection lawsuit — what is a motion to continue the trial date?


This is a “bonus” article/video to our series on debt collection lawsuits in Alabama by debt buyers.

So why do we sometimes send you an email and let you know there has been a motion to continue filed?

99% of the time it is because the other side (Cavalry, Midland Funding, Jefferson Capital, Portfolio, etc) is interested in working the case out with us.  (Remember our terms of settlement are here).

But it will take them past the trial date that has been set in order to figure this out.

So this means we either try the case when it likely could be settled or we ask the court to move the case.

Normally we file the “motion to continue” and let the court know that we have a trial date coming up but we think we can settle the case.

(Remember a “motion” is simply a request made to the court).

The judge has several options.

First, he or she can deny the motion and we keep the trial date.  This happens but it is very unusual as the judges want to encourage the parties to work these cases out.

Second, the judge can (and usually does) move the trial date out.  It could be 30 days or 60 days or sometimes the judge will even tell us to just let the court know if we don’t settle.

Bottom line is when you see a motion to continue it normally is a good sign — it means your case is hopefully getting closer to being worked out.

Let us know if we can help you in Alabama or you can call us at 205-879-2447.

John Watts

PS — You may be interested in reading a detailed series of articles covering over 150 commonly asked questions about debt collection lawsuits in Alabama or you can watch the video here.




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