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lwpat, Attorney
Category: Legal
Satisfied Customers: 25386
Experience:  Actively practicing trial attorney
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If I goof and send the statement of appearance to the opposing

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If I goof and send the statement of appearance to the opposing attorney a day late and he files a "motion of default", do I still have some recourse?
It is not a statement of appearance but an answer to the summons and complaint that you have to file with the court and serve on the opposing counsel. What governs is the date you were actually served and the date the clerk of court stamps your answer. The time limit is shown on the summons and the statement of appearance has nothing to do with it.
Customer: replied 5 years ago.
Hello and thank you,

I realize that the response from you is not legal advise. Perhaps a general answer to this question. I did not get my "notice of appearance" to the opposing attorney on the "time limit" date. It was a day late. He filed a "motion of default' to the court. Do I have recourse of do they just go in and garnish my retirement? be quite vivid. Thank you in advande for any rest you can give me until Monday
Again a notice of appearance has noting to do with it and possibly you are mixing and matching legal terms. You should have been served with a "summons and complaint". On the summons there is a deadline to file an "answer". If you do not file your answer with the court within the time shown on the summons, the other party can file for a default. You can file a motion for leave to file your answer out of time and usually the judge will allow it. Even if the judge does not, you can still appear at the hearing and they have to prove the amount of their damages. Only after the hearing is a judgment entered against you and then they can attach your assets in accordance with state law.

an accept for my time is always appreciated.
Customer: replied 5 years ago.
Hello again Iwpat,

Just one more question if you will be so kind. At the expense of sounding naivete, Default or No Default, does the court have to notify me of the court date, etc?...Will I have the opportunity to respond?............
You are supposed to be notified of the hearing date but I would suggest checking with the clerk of court. If you have a defense I would go ahead and file your answer with a motion to file out of time. You have the opportunity to contest the amount but not that you owe if the judge does not accept your answer.
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