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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88642
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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i got sued for ADA lawsuit my attorney filed for an extension

Resolved Question:

i got sued for ADA lawsuit my attorney filed for an extension is this a correct move ?

my attorney did not have me sign an agreement yet he said he going for a vacation how can i make sure from him he is going to defend me with out an agreement ?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. When you say "filed for an extension," do you mean an extension to file an answer? Has it been granted?

Also, did the attorney put their name on the motion, or was it filed in your name only?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

i do not know what exactly he did

Expert:  Ely replied 1 year ago.
Nick,

Well we can deduce from some questions.

1) Did he file anything?
2) Did he have you sign the motion?
Customer: replied 1 year ago.

no he did not

Expert:  Ely replied 1 year ago.
Nick,

No he did not to both questions, you mean?

1) Did he file anything?
2) Did he have you sign the motion?
Customer: replied 1 year ago.

he told me on the phone that h filed an extention


 

Expert:  Ely replied 1 year ago.
Nick,

Have you called and verified this? If not, what court is this in, so this may be done?
Customer: replied 1 year ago.

its a federal court in fresno ca


 

Expert:  Ely replied 1 year ago.
Thank you, N.

Okay, the first thing that someone in your situation may wish to do is to check whether or not the extension has been field. You can call the clerk at(NNN) NNN-NNNNand ask how you can do so (either online, or via a phone request, or by visiting).

If nothing has been filed, then you have your answer that the attorney may not have been serious. If so, then someone in your situation may wish to file an Answer to avoid defaulting. Let me know if you need any more information on this.

If they have filed an extension, then they are asking the Court to allow you more time to answer. If so, then likely it would be granted (if not granted already), and also you would know that the attorney was serious about representing you, because if an attorney files something on your behalf, the attorney cannot then simply walk away - they have to have the court's permission to withdraw. As such, it is a good indication that if they have filed for this extension, they are serious about representing you, as they are tangibly "stuck" in the suit, now.

It is not unusual to have an oral agreement with an attorney and not a written one, although a written one is recommended.

Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88642
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Hello Ely i just checked with fresno courts they my attorney did not file an


 


extension can please find me an attorney in fresno Ca

Expert:  Ely replied 1 year ago.
Oh no.

May I recommend the CA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

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Ely
Ely
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.