Ask a Lawyer and Get Answers to Your Legal Questions
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern
At this time, you would need to file an emergency motion with the court, asking for a continuance. In the body of the motion, you need to explain to the Judge why you need more time and can not appear and what you have been doing, since being served, to prepare. You need to contact the clerk of court immediately and see if this can be mailed or faxed over, since it would not likely get there in enough time, if send via mail. In addition, you can see if the Judge would at least allow you to appear by phone, if the continuance is not granted, to avoid being defaulted. A Judge would rather the case be decided on the merits, rather then by default, so you do need to reach out to all parties and make them aware of your inability to appear and explain why and ask for additional time.
Personally appear at the hearing or the file?
You clearly want to fight this, so the decision needs to be made to either do it on your own and spend the money and appear or retain local counsel and IF you prevail on your defense and/or counter claims, ask to be awarded attorney fees, so you are paid paid, for the cost incurred to defend this.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!