To start, I'm an owner of a plumbing company and I was contracted to do the plumbing for a fast food restaurant. The customer paid in full and I received the go ahead to start the permit process. I purchased all the materials needed for the job and paid for the permit. They neglected to tell me that they were doing an upgrade so another permit was needed and this process takes months which I explained. They went ahead and contracted another plumbing company which promised that the process would only take 1 month. It ended up taking months as I advised. They requested I give them a full refund. I offered a partial refund since I already spent time and purchased materials. I cannot afford an attorney but I'm told that I cannot represent my company. They served me with documents stating that if I don't get an attorney a default would be entered. They had a hearing that I was unaware of and basically lost the case.
Mediation may be a viable idea for you. If you are unable to represent your company- I don't know if you're in small claims or not - hire an attorney and discuss the issues with him and let him advise you as to if or when to try and mediate.
If you filed anything with the Court, then you should have been given notice of the hearing. The lack of notice should provide a basis for setting aside the default.
However, if you cannot afford an attorney, I am not sure that you have any great options here. Ultimately, you will need an attorney to advocate on your behalf unless you are in small claims court or you are doing business in your name, individually.
No lawyer-client relationship is formed by my response to this question. I am providing only general, generic information on the law. You should consult a lawyer for specific advice on your legal issue(s).
From what you describe, the default already was entered. It seems that you cannot afford not to hire an attorney at this point. If you do not, it is possible the plaintiff will begin collection. The deadlines for setting aside default judgments are generally very strict, so you need to act quickly. Speak to several attorneys in your area--it might not cost as much as you think to get this fixed for you.
By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline