QUESTION

I have requested an extension and now I have a motion of default, how long do I have to seek an attorney

Asked on Aug 16th, 2016 on Civil Litigation - Florida
More details to this question:
I requested the extension in June and now I have a motion of default how can I buy more time and find an affordable attorney or can I respond representing myself
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2 ANSWERS

Michael H. Fayard
At this point, you have requested an extension of time. So the opposing party can't get a clerk's default (guessing that you filed the extension versus asked the other attorney for an extension). A clerk's default is available if you didn't file any pleadings or papers within the time provided to provide a responsive pleading (generally 20 days from the date of service in a civil action).  Operating on the assumption you filed something, the other side would have to move for default before the court. Meaning, they have to set a hearing before the judge. Given you are pro se, the other attorney will most likely set the motion for hearing and provide you a notice of the date and time. Depending on the court (circuit versus county, and what jurisdiction), getting available hearing time can take anywhere from a few days to a few weeks, to more than a month to get a hearing (hearings in places like Sarasota don't take nearly as long as somewhere like Miami).  You are able to respond yourself, but I would strongly advise you against doing so. There may be legal defenses, or counterclaims that you may not know about. It's not a matter of being smart. It's simply knowing the law and having experience in the court system. Be advised, that if you do nothing and a default is entered, it is difficult to set the default aside. Additionally, the entry of a default means that you have admitted the allegations in the complaint. The other side can then move to start collecting on their judgment. That means they can demand that you fill out a Form 1.977, which details all of your financial information (bank accounts etc). Then they can move toward taking your assets to satisfy their judgment. Obviously, there are a lot of contingencies between now and then, but as my colleague stated, you should have an attorney look at what you have in order to point you in the right direction, whether you intend to continue pro se or hire counsel. 
Answered on Aug 17th, 2016 at 2:55 PM

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Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
Without knowing the details its impossible to tell. What IS clear is you have had PLENTY of time to retain a lawyer if thats your intention and you are likely botching the case up on your own as you are already doing so. If you seriously intend to defend the suit, you need to simply bite the bullet and hire a lawyer ASAP
Answered on Aug 16th, 2016 at 9:58 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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