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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29803
Experience:  Lawyer
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Needing help with a legal matter in North Carolina , can you

Customer Question

Needing help with a legal matter in North Carolina , can you help with a North Carolina court case matter
Submitted: 4 years ago.
Category: Legal
Expert:  Dave Kennett replied 4 years ago.
We are not permitted to represent clients or provide specific legal advice but if you have questions pertaining to a case I would be happy to assist. Please let me know what questions you have and I will see if I can help.
Customer: replied 4 years ago.


Yesterday Friday evening i was called by the clerk of court saying i had a court date on Monday June 24th. they said they messed up and had told me all week i did not have court. The clerk of court actually prommised i did not have court on Monday, and still is upset that a court date was set after she told me there was none. the case on monday is to try to get a summary judgement and not allow me to have a jury trial set for Oct. with this short notice by the court i have nonthing ready for court nor do i have a attorney, Whats the options i have

Customer: replied 4 years ago.
Relist: Other.
Did not even get a answer. then found out after waiting 15 mins. the attorney maybe offline. Not Satisfied at all thinking this maybe a scam waste of money and giving out my credit card number for nonthing
Customer: replied 4 years ago.
Relist: Other.
Did not even get a answer. then found out after waiting 15 mins. the attorney maybe offline. Not Satisfied at all thinking this maybe a scam waste of money and giving out my credit card number for nonthing
Expert:  Dave Kennett replied 4 years ago.
I didn't give an answer simply because there is not a question. I asked you to provide some details and I explained that I could not represent clients or provide specific legal advice. You responded by saying I didn't answer so I will opt out and allow the other experts to review the situation. There is no charge to you for anything I have said or provided and this is not a scam.
Expert:  Lucy, Esq. replied 4 years ago.

Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If there is a hearing scheduled for Monday, unfortunately, you are required to attend. If you don't go, the judge will enter judgment against you and you won't be able to object. What you can do is request a continuance, explaining that you were informed that the hearing had been canceled and did not know that it was going forward until Friday evening, when it was too late to prepare. You may be able to get another week or two. If you have anything in writing showing that you were told there was no hearing, that will help.

With that said, there is no guarantee that the judge will grant your request. That means that the other option is to prepare as best you can. Review the documents filed by the other party and prepare your arguments. If this is a summary judgment motion, and you have evidence showing disputed facts, bring it. Bring your response to the motion and anything else you have to support your case, just in case the judge requires you to go forward.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

Customer: replied 4 years ago.

So I could not appeal the decision if its ruled against me

Expert:  Lucy, Esq. replied 4 years ago.
You can, if you're at the hearing. If you're not there, the appeals court likely would not vacate any judgment entered against you, because choosing not to appear is considered the same as choosing not to defend the case. The only exceptions are absolute emergencies, such as you were in jail, in the hospital, or deployed in the military, where it's physically impossible to get to the courthouse. Having to work or being in a situation where it's inconvenient isn't enough.
Customer: replied 4 years ago.

Even if the clerk of court told me all week I did not have court. I ask again on thursday evening before I left out of town they assured me no court. Then late friday they called back to say it was added on friday. So I can't be ready or have my case ready . Is there nonthing else I can do

Expert:  Lucy, Esq. replied 4 years ago.
If you've left town because you were told that there was no hearing, and judgment is entered against you, it may be possible to vacate it. Again, if you have any evidence that the hearing was canceled, that would be extremely helpful. However, it is usually better to avoid having a judgment entered than to count on having it removed later.

You can also send a lawyer to appear on your behalf, if you can find someone on such short notice. It would be difficult on the weekend though, and we're unfortunately not allowed to either appear on behalf of customers or recommend a lawyer who can.