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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32587
Experience:  Began practicing law in 1992
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I was recently sued in Superior Court in Cobb County Georgia

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I was recently sued in Superior Court in Cobb County Georgia by an in-home senior care company over non-payment of a disputed portion of a bill. The amount is $18,000.

I was required to answer within 30 days and I'm embarassed to say I simply miscounted the days and actually filed my answer pro se on the 33rd day. (I was served on 5-29-2013, therefore the answer was due on Friday June 28th, and I didn't file it until Monday July 1).

Today I recieved a "motion for default judgement" by mail from the plaintiff requesting a Rule NISI hearing date.

Should I file a motion to opent default on the excuse that I just miscounted the days to file or hire a lawyer to do this for me? Is this something I can reasonably do myself? I realize that if I had hired a lawyer in the first place, I would probably not be in this situation......

Thank you,

Richard

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Can you do it yourself? Yes.

JD 1992 :

Should you? Probably not.

JD 1992 :

The reason judges don't like it when people represent themselves isn't because they are trying to make more work for lawyers it is because when someone is pro se it creates more work for the judge.

JD 1992 :

In this case the judge will almost certainly extend the time if you have a lawyer whereas if you don't your chancs are 50-50.

JD 1992 :

The lawyer will be able to do the case law research quickly and provide it to the judge.

Customer:

Understood. Will I need a better excuse other than i just "messed up"?

JD 1992 :

Judge's don't like to grant defaults when a lawyer is involved.

JD 1992 :

Not if that is the only excuse you have.

JD 1992 :

Did you put it in the mail on Friday?

JD 1992 :

By any chance?

Customer:

I wish I could say that, but I took it in person on Monday.

JD 1992 :

If you hire a lawyer the judge is probably going to deny their motion, if you don't then he may grant it so it is a lot of money to take a cahnce with.

Customer:

Understood. I'll do it tomorrow.

JD 1992 :

Anything else I can assist with?

Customer:

No. Thank you.

Dwayne B. and 4 other Legal Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.