deadline for complain...received copy... waiting hearing?

[jadedone24]

What is the name of your state? AR
I posted early about a credit card company filing a complaint that I commited fraud by asking for an extension of credit before filing bankruptcy. I have seen my attorney and have gotten a copy of the complaint filed by the company. Now, my attorney has filed a motion to dismiss the case. I received a letter stating when the court date would be and that he filed on my behalf, BUT it did not say wether or not I was to attend? I asked my attorney and he said he would get back to me but I am curious to know if I will be expected to attend or if my lawyer will take care of it?

 

[jadedone24]

Bump

Can anyone help?

 

[olgethorpe]

It is possible that this might all get settled without a court appearance...but, I'd suggest you keep on your lawyer to find out. If they do go to court, I'd suggest you be there...

 

[AttorneyOney]

Ordinarily, a motion to dismiss is decided on the law and the pleadings, without the need to take any additional evidence. If there is additional evidence, it usually comes in by affidavit rather than via live testimony. I always tell my clients that they're welcome to attend the hearing but that they don't have to.

If I was going to call a client as a witness at an evidentiary hearing, I would make sure they knew when and where to come. If the other side was going to call them, they'd have to issue a subpoena. There is no way a client would not know they were needed at the hearing, IOW.