QUESTION
Is it legal if the defense attorney will not look at my case until I agree to drop the default case against his client?
Asked on Apr 29th, 2013 on Personal Injury - Michigan
More details to this question:
I was in an accident which is not my fault. It was in 2010. The defense has drug this out for 3 years because my medical background. We filed a law suit before the time limit was up and her and her attorney never responded. Now they are in default. My attorney is suggesting that I drop the default case in hopes that they will make an offer but, I'm not so sure that this is in my best interest. I think my attorney is not doing the right thing.
3 ANSWERS
Ronald A. Steinberg
No. Do not set aside the default until they make a real commitment, otherwise, take a judgment and get a collection attorney to collect the debt. If the defendant can't make up their mind, then let the court do it for them.
Answered on May 03rd, 2013 at 4:27 AM
Municipal Law Attorney serving Paw Paw, MI
at
Mark A. Manning, P.C.
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I can't second guess your attorney. As to setting aside a default it depends upon the reasons etc for why the default was entered and the length of time they took in responding, etc.
Answered on May 02nd, 2013 at 12:30 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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Then get a different attorney or represent yourself. This is the wrong forum to find ammunition to second guess your attorney with.
Answered on May 01st, 2013 at 10:00 PM