California  |  Civil Litigation

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5/29/08, 6:08 pm

Legal Question


default civil federal court

Can a motion 473 remove me from default?

By filing a 473 motion will it relieve my attorney from any miss doings in the case -

would this be wise to file a 473.

Thanks

The judge placed my case into default a few days before the trial & vacated the trial date. The judge stated in the default paper that my attorney did not file electronically to the court , he submitted manually his response to the court, The judge denied it for being late. The judge also stated my attorney had 4 months to registered & to set-up electronically as required by federal court . In a few days the judge will hold a hearing on the damages that the plaintiff is asking for At that time I cannot talk or defend myself at the hearing.

I sent an email to my attorney to file a motion asap to set aside the default -he did not respond to me. I then spoke to him by phone in which he said he cannot file to remove the default- there is nothing he can do at this time but wait for the judge to determined the damages.

Please what can i do ??? my hearing will be in 7 days

civil case in federal court in L. A.


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