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I hired an attorney before to file an extension of time to…

Hi I hired an...

Hi I hired an attorney before to file an extension of time to answer for common charge default, I missed the stated / promised date (due to some emergency instance happened during the time and I couldn't get in touch with my attorney) to give payment arrangement to the opposing attorney, will this be considered default and they will take further legal action against me? Are there any remedies I can make? Now I can provide the dates of which I can make the payments on the default CC charges.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Can I still ask my attorney to provide payment arrangements to the opposing attorney now?

Lawyer's Assistant: Where is the property located?

Queens, New York

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, I also have a foreclosure summon hearing on 23rd of this month. I want to file a motion for an extension on this since I already spoke with the bank, and the bank agrees to give me time to make the default mortgage payments

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Answered in 5 minutes by:
3/18/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,393
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm sorry to hear about your situation. The answer to your question is no, this won't be considered a default. The other party must ask and must be granted a default judgment before you officially lose the case. You can still ask your attorney to provide payment arrangements to the opposing attorney now and even if a default judgment is later entered against you. There's no time limit to come to a settlement.

Sometimes, just settling the debt is the easiest thing to do. It doesn't always appear as if it's the easiest thing to do, but every single day lawyers across the country are explaining to their clients that if they just work on settling their debts in a way that makes sense for them and they are going to be in a better position in the long-term. In my experience, creditors will usually settle balances between 50-65% of the total balance. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for debt settlement (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then try sending it again to remind them that settling is really what resolving disputes is all about.

What other questions did you have for me today?

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Customer reply replied 5 months ago
Thanks alot for the response. My attorney stated that the due date for answer to the summons and complaint has been extended to March 15, 2018 and Defendant agrees to waive personal jurisdiction. According to what you said, I can still ask my attorney to make payment arrangements to the opposing attorney right?

Absolutely. As a debt collection attorney in my own state, I work with creditors right up to the very last minute to try to find a settlement to avoid going to trial.

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Did you have any other questions for me today that I could help you with?

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Customer reply replied 5 months ago
Great, thanks! Also I have a foreclosure hearing on the 23rd. Can I also file a motion for Extension of time to answer just like what I did for the CC default? Do I need to go to my county clerk for a form to fill out before I file? Fyi, I live in Queens, New York.

Yes, you can file the same thing; however, I can't tell you for sure whether your specific county requires a form. Every county is different and in fact some courthouses in the same county require different forms. In my experience, there is no form required for something like this, but I think it's critical you speak with a court clerk to find out for 100% certain. Plus, with the new year having just passed, it's possible the judicial council requires forms that they didn't before and they haven't published them online just yet.

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Customer reply replied 5 months ago
Thanks alot for the info! Do I need to serve a copy to the opposing attorney (for the bank) as well?

Yes, be sure to serve them.

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Customer reply replied 5 months ago
Thanks! I really appreciate your help! That's all the questions I have today. Thank you!

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,393
Experience: Licensed to practice before state and federal court
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Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 5 months ago
Will do definitely. Thanks for the help today!

You bet, thank you!

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