What is a stay of proceedings in a collection defense law case?
A stay of proceedings is an order from the court that stops, or puts on hold, a collection defense law case. When a stay of proceedings is issued, it means that the court will no longer process the case until further notice. The stay can be sought for a variety of reasons, such as to allow time for parties to settle a dispute outside of court or to allow the defendant time to find another attorney. In a collection defense law case, the stay of proceedings may be requested by the defendant or their lawyer. It is usually granted when the defendant is in financial difficulty and needs more time to find the money necessary to settle the case. The stay of proceedings provides the defendant with a temporary reprieve from having the collection process continue against them. It also provides them with the opportunity to negotiate with the creditor and potentially settle the matter without going to court. When a stay of proceedings is issued, the court will usually also set a date for a hearing to take place. This allows the court to check back in on the case, ensure both parties are still working on a resolution, and make sure the stay is still necessary. Until a resolution is reached, the stay of proceedings remains in effect.
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