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Alex J. Esq.
Alex J. Esq., Attorney at Law
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Experience:  Experienced Licensed Attorney
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Missed my court case today regarding a mechanics lien. I own

Customer Question

missed my court case today regarding a mechanics lien. I own the shop where the car is and in a matter of days was unloaded on with documents from fifth third bank that they are pursuing the case. Being a Corporation I need representation and have not acquired a lawyer. Can I get another trial date?
Submitted: 12 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 12 months ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

Did the bank sue you regarding your mechanic's lien?

Please provide me with more details about the situation.

Customer: replied 12 months ago.
My company builds Custom Harley Davidsons and we have applied for mechanics liens many times over the years. All according to the Secretary of Stae and their guidelines. On this occasion an automobile was abandonded here by one of my customers girlfriend. We did some work on it and have had no communication from her or the boyfriend. I filed for title search and came up with a name of a woman and Fifth Third bank as lien holders. I sent them the outstanding bill which was of majority the storage fees. I received no response from Fifth third bank or the woman after 30days. It was sent once again as required. Again no response. We structure an ad to put into the local newspaper and suddenly with third bank is calling and faxing documents last week. Nothing was discussed about settling the debt. I called the attorney representing Fifth Third and he explained something about He has first lien. I asked if I had made a mistake in my filing and he said i did not. I also asked wy no response in the required time frame and he gave me some story about the mailroom efficiency. He stated at 5pm that he was filing a motion to stop me from selling the car. the next day which was this past Friday he express mailed the document for me to appear in court on this Monday at 2pm in Chicago. I have not been able to get an attorney in that amount of time. I have my business set up as a Corporation so I need representation. Or so I have been told. The document places m
MDCustom corp as the defendant not myself. can I get another hearing to fight this fairly?
Expert:  Alex J. Esq. replied 12 months ago.

Thank you for your follow up.

Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.

Why didn't you appear in court on Monday by yourself and asked the judge to give you time to find a local attorney?

What is the amount of your lien?

Customer: replied 12 months ago.
I thought I need to appear with an attorney because of my Corporation status. I have been to traffic court a couple times in my life. I'm 58 yrs old and not very keen to what happens in a courtroom. I thought I need to have an attorney with me. Didn't know you could ask for one. The total of the lien is 28000
Expert:  Alex J. Esq. replied 12 months ago.

Thank you for your follow up.

Corporation cannot ask for an attorney to be appointed in a civil case, but a corporate officer can appear without attorney and ask the judge for time extension to hire an attorney.

Unfortunately, if the litigant fails to appear a default would be entered against the litigant, meaning that the other side would obtain any relief they are seeking, however, it might be possible to hire an experienced local attorney and have this attorney to file a motion to vacate default order due to excusable neglect, however, the time is of the essence in similar situation, so it is important to hire an experienced local attorney asap before the decision if final and enforced.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 12 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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