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John
John, Attorney
Category: Legal
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I am being pulled into court by an ex boss of mine and I

Customer Question

I am being pulled into court by an ex boss of mine and I cannot afford an attorney. He is trying to sue me for money I don't really owe him and I can't prove anything. The big problem is the court date is Monday and today is Thursday. The lawyer is offering to keep it out of court by me signing a judgement that says I'm agreeing to payback the monies I don't owe. My big question is what happens if I don't sign this judgement and cannot show up in court Monday.
Submitted: 1 year ago.
Category: Legal
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experiencein this area. I’m happy to assist you with your question today.

You have two options in all reality. The first would be to seek to have the court and opposing ocounsel hopefully agree to adjourn the hearing to another later day. If you cannot get agreement, then you'd have to file an emergency motion basically explaining the reasons why you cannot make it Monday. You may be successful in that if it is the first extension you're asking for in the matter, but I wouldn't try to do this too many times.

The second option you have is to not show up. A default judgment (for the full amount requested in the complaint) would be entered against you. You'd then have to ask the court to set aside the judgment via motion. Your motion would have to explain good cause for not making the hearing, and explain an affidavit of merit - i.e. how you are not liable for the debt. It is in the judge's discretion really to grant either one of these. I suppose the third option is to just do nothing - a judgment would be entered against you and the attorney would try to take your property and wages to satisfy the debt or you could work out some payment option.

I believe this answers your question. However, if you needclarification or have follow-up questions regarding this matter, I will behappy to continue our conversation – simply reply to this answer. If youare otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** you all the best with this matter.

Customer: replied 1 year ago.
I met with the lawyer for my ex boss and now the court date will be moved. I really don't understand why.I told her I wanted to work something out. I'm not sure what's going to happen now. What's my next move?
Expert:  John replied 1 year ago.
You need to think about whether you want to contest it in court, make a deal or some combination of the both. If you think they simply cannot make a case, you may want to hire an attorney and flat out contest it. If you think you owe something, you should make a deal of some amount lesser than what they are asking for in the lawsuit.

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