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my attorney notified me of my business (business) hearing on the Thursday before my hearing on the following Monday as a result I was given a default judgment because I had to work that day (I had no choice but to either loose my job or go to court). I contacted the court the day of my hearing and they informed me that they would give notice to the judge of my cercomstances. I was never told that I would be given a default judgment if I didnt show for court that day. My attorney had withdrawn prior to the hearing date but never notified me of documents that were being send to his office until the last minute when I clearly did'nt have time to seek new councel. Today September 22, 2009 is the 30th day since the default judgment was granted and I'm just finding out that I can ask for a motion to set aside. My attorney completely threw me under the bus... what do I do? Do I have time? How do I file?
State/Country relating to Question: Texas Already Tried: Nothing, I feel as if my attorney is playing games with me and really doesnt care... I paid him and he demanded more and I agreed but not until the case went to court. He withdrew only weeks before the court date of which I didnt even have knowlege of and then he went on vacation for 10 days and I still have none of the documentation for the case from him to seek new councel... everyone is in the dark except my former attny of which used to be my best friend
Robert, You are on a SERIOUS time crunch. You only have 30 days to appeal a default judgment. You must retain an attorney in the morning, so he could file a quick notice notice to vacate on your behalf. If you want to file yourself, contact the court that issued the judgment as SOON as they open (typically 8:30 am), request to speak to the clerk, explain that your attorney placed you on a time crunch predicament, state that you will be filing "pro se" for a 30 day appeal of a default judgment, and fill out the forms on the spot--you want that date stamp before you leave. After that, contact the bar association and file a complaint against your attorney. Have the ethics board investigate his behavior. If he "withdrew", he had to notify you in writing and also advise you of any deadlines (such as the 30 day right to appeal); that is a very serious breach on his part. Good luck to you. Sincerely, Dimitry Alexander Kaplun, Esq.
everything my attny did was via email and never in hard copy. He has my current address but mailed the withdrawal to my old address so therefore I never to this day recieved it... I thought he had to send a certified copy to make sure I received it and. Ive been checking my emails and there are several documents (no withdrawal) from him but does that constitute for proper delivery? I sometimes go weeks without checking that account! I will follow your advise in the morning and will have to file it myself
No, proper delivery means "mailed". Email, unless protected, does not count. Good luck tomorrow and consider devoting a lot of time to filing the paperwork. And do NOT leave until you get a copy of the paperwork with a court date-stamp on it. Sincerely, Dimitry Alexander Kaplun, Esq. _____________________________________________________________________ Please click "accept" so I can be compensated for my assistance. Thank you!
Attorney
JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin