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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 12934
Experience:  B.A.; M.B.A.; J.D.
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I am a business owner and I am being sued by my client. There

Customer Question

I am a business owner and I am being sued by my client. There complaint is full of lies and I am counter claiming. To make a long atory short the point of the matter is that I had an atty, but he was too expensive, so I had to change attys. I found a new one, but we need to go over the retainer agreement and he needs to still review the case. The hearing was set for 1/4/12. He told me to call and get an adjournment. I do not live in the same state of the case. I live in FL and the case is in NY . I used to live in NY. However when I called to ask for an adjournment they said my atty needs to call. When my atty did call he was unable to speak to the other sides atty. So my question is the court hearing is today 1/4/12 at 9 am. Do you have any advice on what I can do to stop this so my atty can represent me. Also, if they do get a default judgement tomorrow can we still reopen the case. Please help! Thanks
Submitted: 2 years ago.
Category: Business Law
Expert:  Phillips Esq. replied 2 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.



Question: I am a business owner and I am being sued by my client. There complaint is full of lies and I am counter claiming. To make a long atory short the point of the matter is that I had an atty, but he was too expensive, so I had to change attys. I found a new one, but we need to go over the retainer agreement and he needs to still review the case. The hearing was set for 1/4/12. He told me to call and get an adjournment. I do not live in the same state of the case. I live in FL and the case is in NY . I used to live in NY. However when I called to ask for an adjournment they said my atty needs to call. When my atty did call he was unable to speak to the other sides atty. So my question is the court hearing is today 1/4/12 at 9 am. Do you have any advice on what I can do to stop this so my atty can represent me.

Response 1: Your new attorney needs to show up for the hearing and ask the Court for continuance in the open Court because he just got the case and needs some time to review it. The Court would usually grant this request.

Also, if they do get a default judgement tomorrow can we still reopen the case. Please help! Thanks

Response 2: It depends. The Court may grant your Motion to Vacate the Default Judgment if you have a valid reason for not showing up for the hearing. Generally, you would ask the Court to vacate a Default Judgment if you inadvertently missed the Court date, or you were not served with the notice of the hearing, etc. That is not the case here. So, your representative must at least show up for the hearing today and ask for continuance in front of the Judge (in open Court). It is too late to file a Motion for Continuance.


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