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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
Satisfied Customers: 4502
Experience:  Almost 12 years of legal experience
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If I fail to appear and a default to appear is filed against

Customer Question

If I fail to appear and a default for failure to appear is filed against me, can I still go and file a late appearance?
JA: Thanks. Can you give me any more details about your issue?
Customer: My insurance carrier needs more time to determine coverage. However my appearance date is today. My insurance carrier contacted the plaintiff's attorney who agreed to extend the deadline by 30 days. How do I know that the plaintiff's attorney will actually wait for 30 days and won't file a default for failure to appear after say a week? If he does, what can I do?
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Submitted: 1 year ago.
Category: Legal
Expert:  Hammer O'Justice replied 1 year ago.


Typically, when an attorney seeks a default judgment, they have to file the request with the court. If they do, you can respond with the assertion that the plaintiff's attorney granted you an additional 30-day extension to file because of the coverage issues with your insurance and perhaps get an affidavit from the person with your carrier to whom the additional time was promised. It is unlikely that the plaintiff's attorney will seek a default after granting you an extension, however. It is unprofessional and really a breach of the Rules of Professional Conduct to engage in that kind of behavior so I would not expect it. If you are truly concerned about it, you can also file a motion with the court to extend the time to enter your appearance and specifically note in the motion that the attorney consented to an additional 30 days. Courts usually will grant consent motions like this as a matter of course.

Customer: replied 1 year ago.
Great, thank you for the advise.
Expert:  Hammer O'Justice replied 1 year ago.

No problem. Glad to help. I'd appreciate if you left positive feedback so I get credit for my answer. Thanks and good luck.