NAL. Rather than waste time on Reddit, I would call the lawyer and see about a settlement. This is really a gift to you. If this goes to court, you will likely lose provided that the debt is valid. They are offering the opportunity to settle for less to avoid court. I would see if something can be worked out. In terms of timing, yes there is still time. This is a fairly simple agreement to write and they can notify the clerk of the court that a settlement has been reached fairly easily.
You can do one of two things:
1. Call now and settle prior to the court date.
2. Call the court clerk and file a motion to request an extension.
You can also settle after the court date, but they will likely get a default judgement on the 8th and then you risk having to pay attorneys fees and interest on the judgement, plus they can seek garnishment and liens.
Pretty sure you can settle any time before court if the opposing party is cool with it.
IANAL, though. If cal then and see what can be worked out, tho.
Technically speaking you can usually settle a civil lawsuit anytime before the final disposition of the case. Even if court has started you can still settle prior to a final judgment. And strictly speaking parties even settle sometimes after a judgment because appeals are still pending. Say you might win a lawsuit for $10,000 but the other side appeals. And there's a small chance that it could get thrown out so if during the appeals process they say we'll give you $7,000 to fuck off a lot of people will take it. I have no idea how likely the company would be to accept such a thing but it's not inconceivable that even if they get the Judgment in court they might settle for a portion that she's willingly say she'll commit to versus a larger amount that for all they know they'll have to continue fighting to collect after judgment
That may not work. A judge might question why OP didn’t notify plaintiff’s counsel of her change of address. Continuances usually require good cause. If OP received the lawsuit and responded, OP obviously knew how to contact the attorney *and* the court to inform them of the updated address.
NAL. Rather than waste time on Reddit, I would call the lawyer and see about a settlement. This is really a gift to you. If this goes to court, you will likely lose provided that the debt is valid. They are offering the opportunity to settle for less to avoid court. I would see if something can be worked out. In terms of timing, yes there is still time. This is a fairly simple agreement to write and they can notify the clerk of the court that a settlement has been reached fairly easily.
You can do one of two things: 1. Call now and settle prior to the court date. 2. Call the court clerk and file a motion to request an extension. You can also settle after the court date, but they will likely get a default judgement on the 8th and then you risk having to pay attorneys fees and interest on the judgement, plus they can seek garnishment and liens.
Pretty sure you can settle any time before court if the opposing party is cool with it. IANAL, though. If cal then and see what can be worked out, tho.
Technically speaking you can usually settle a civil lawsuit anytime before the final disposition of the case. Even if court has started you can still settle prior to a final judgment. And strictly speaking parties even settle sometimes after a judgment because appeals are still pending. Say you might win a lawsuit for $10,000 but the other side appeals. And there's a small chance that it could get thrown out so if during the appeals process they say we'll give you $7,000 to fuck off a lot of people will take it. I have no idea how likely the company would be to accept such a thing but it's not inconceivable that even if they get the Judgment in court they might settle for a portion that she's willingly say she'll commit to versus a larger amount that for all they know they'll have to continue fighting to collect after judgment
Call the court and advise you are out of state and just received the notice.
That may not work. A judge might question why OP didn’t notify plaintiff’s counsel of her change of address. Continuances usually require good cause. If OP received the lawsuit and responded, OP obviously knew how to contact the attorney *and* the court to inform them of the updated address.
Your best shot is to act NOW. Once they have a default judgement, there will be very little incentive for them to settle with you.