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Late file date on a class action lawsuit.

I did not receive a package on participating in a class action as it was not delivered. I presume that since I moved three times in a year this might have been the cause and I shared this information with the administrator. Still I submitted all the paperwork late and the administrator accepted it but mentioned that it would be up to the judge to rule. The court date has been set and the law firm handling the lawsuit is expected to suggest to the judge that he/she rule against the acceptance of my late filing. Is there any prior case law that would still allow me to argue for participation in the disbursement of funds. (BTW, the court date in 10 days away and I was recently notified.)

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Attorney answers (2)

Reputation Level 14
Trial courts have considerable discretion in ruling on these types of claims. You have no "right" to file an untimely claim. Any case law permitting a party to participate in settlement proceeds despite filing an untimely claim would undoubtedly be case-specific and have turned on the equities of the case. In my personal opinion, the fact you repeatedly moved would not constitute "good cause" for filing an untimely claim.
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Avvo Pro

Reputation Level 20
It's up to you to keep admin informed of your address changes, not the admin to go out and find you. Having moved 3 times I don't know what else you expected. Have pou ever heard of a forwarding address?
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