I Have Missed a Deadline

Steps one through four

1. 1

   Learn About the CCB

   The CCB is a virtual tribunal that offers a streamlined alternative to federal court. CCB proceedings are designed to be clearly understood and usable by anyone, even without legal training. Participants in a CCB proceeding are permitted to have an attorney but can also represent themselves. There are important differences between the CCB and federal court, such as the costs involved, the time and complexity of the procedures, and the experience of the people deciding your case. You may want to review how the CCB works and what goes into a CCB determination The CCB’s ruling regarding who actually wins the case, with any awards, and with the CCB’s reasons for its findings..

   For more information about the CCB, you can review the Introduction (PDF) chapter of the CCB Handbook.

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2. 2

   Review Your Claim

   You should review the claim carefully. The claim contains the claimant’s allegations and any initial evidence provided by them.

   • Would you describe the facts or events differently than the claimant?
   • Does the claim include evidence?
   • Do you have any evidence that was not included?
   • Do you have any defenses?
   • Do you want to get legal representation?

   If you receive a default notice, you should re-engage with the proceeding immediately to avoid the possibility of a determination The CCB’s ruling regarding who actually wins the case, with any awards, and with the CCB’s reasons for its findings. being issued against you without your participation in the process. When you re-engage, you will have the opportunity to present your side to the CCB, respond to the allegations the claimant made against you, and raise defenses you have to those allegations.

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3. 3

   Pick Your Path

   When you miss a deadline, the CCB starts a process that will give you a chance to re-engage in the proceeding. If you do not re-engage in the proceeding, the CCB may eventually enter a determination against you.

   Any determination, including a monetary award for damages, is enforceable in a court of law if you do not pay the claimant. A district court may also impose on you the reasonable expenses incurred by the claimant, including attorneys’ fees, to obtain the order and judgment in federal court.

   Although you may have missed an important deadline, you still have a choice regarding what to do next.

   Options	Consequences
   You fix the issue by completing all required tasks.	The proceeding will then resume. The CCB will issue a new schedule to account for the delay.
   You notify the CCB that you intend to re-engage with the proceeding but need more time.	The CCB may give the additional time in the interests of justice. The CCB’s decision will depend on the type of deadline missed, why you need more time, how much longer you need, and whether you have missed any deadlines in the past.
   You fail to follow the instructions in the notice.	If you don’t fix the issue by the deadline and don’t follow the instructions in the notice, the CCB will continue with the default process, which may eventually result in a determination against you.

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4. 4

   Take Action

   The CCB will alert you to any missed deadlines by sending default notices to all of the addresses and email addresses we have on file. The notice will contain important information about your proceeding, including descriptions of next steps, potential consequences, and your deadline to act. The CCB may skip this warning process if you have multiple instances of re-engaging and then defaulting again in the same proceeding.

   Respond to the Notice. The type of order A formal directive issued by the CCB requiring or authorizing specific actions by one or more parties involved in the proceeding. you have received will indicate where your proceeding is in the default process and how you re-engage with the proceeding. Each order will have detailed instructions about how to re-engage and file any necessary documentation. You will need to file documentation on eCCB, the CCB’s online filing system.

   1. 

      If you have received a first or second notice, you have thirty days from the first notice to respond by completing all required tasks. The notices will include detailed instructions on how to re-engage with the proceeding.

   2. 

      If you have received a notice of proposed default determination, the CCB has issued a preliminary determination in your proceeding. The proposed default determination will include the CCB’s ruling regarding who wins the case, with any awards and the CCB’s reasons for its findings based on the claimant’s evidence. You have thirty days from the date of the proposed default determination notice to submit evidence or other information in opposition to the proposed default determination.

   3. 

      If you have received a final determination, the CCB has issued a final ruling regarding who wins the case, with any awards and the CCB’s reasons for its findings. Once this occurs, there are very limited ways to contest this finding. You have thirty days from the date of the determination to request that the determination be vacated by the CCB. Your written request should provide the reasons why the determination should be vacated. Vacating a final determination is rare, and you will need to have very good reasons for why you defaulted.

   For more information on how to respond to a default notice, you can review the Missed Deadlines (PDF) chapter of the CCB Handbook.

   For more information on how to respond to a Proposed Default Determination, check out the Missed Deadlines (PDF) and Final Determination (PDF) chapters of the CCB Handbook.

   Do you need more time?

   If you need more time, let the CCB know before the deadline to re-engage has expired. The CCB will consider your request and either provide you with more time or move forward with the default process. Whether or not the CCB grants requests for more time is within the CCB’s discretion.