With Mother’s Day and Father’s Day around the corner, I am reminded not to forget. Technology today makes it much easier not to forget. We can program calendar entries into our cell phones, set reminders, alerts, alarms, and notifications, and if all else fails, remind ourselves with a sticky note taped to our computer monitor, refrigerator, front door, etc. But, even with all of this technological assistance, many of my clients come to me and are in need of legal assistance when they have failed to meet a deadline.
One example is when a client gets served with a lawsuit. “Service” of a lawsuit usually means that a process server has handed the person a copy of a Complaint and Summons. After service of the Complaint, the client typically has 20 days to file an answer to the Complaint. If the client fails to answer that Complaint, a default judgment could be entered which can lead liens on property, garnishing wages, garnishing bank accounts, etc. None of these things are good!
Another example, which is somewhat less conspicuous, is when a small business owner gets a letter in the mail from the Arizona Department of Economic Security (“DES”). DES is the unemployment office. When an employee files for unemployment benefits, DES notifies the employer of the claim for unemployment benefits, and the employer typically has 10 working days from the date of the letter to respond to DES as to why the employee quit or was fired. If the employer fails to respond to this one letter, DES will decide, without any input from the employer, whether the employee is entitled to benefits or not. The employer can do very little later if it changes its mind and wants to protest the employee getting unemployment benefits. Too many small businesses ignore these very important letters. So the tip for the month is, remember not to forget, and don’t ignore important letters from government agencies!!
The information contained herein is a business advertisement with general information not legal advice, and does NOT establish an attorney-client relationship with Hymson Goldstein & Pantiliat, PLLC.