Legal Question in Business Law in California

As the defendant can I appeal a judgement against me

As bookkeeper and secretary for an S-Corporation, one day I was asked, over the phone by one of the officers, to sign for the delivery of a Pick-Up truck that was being delivered. Months later, when payments became delinquent, I discovered that the papers I signed were the original purchase contract and not a delivery slip. The company is no longer in business. I was sued, and there is a judgement against me for $5,000. dollars.

My question is. If I was only an employee, and this was a corporation, why am I being sued. And since, by default, there is a judgement against me, can I appeal? And how?


Asked on 9/08/00, 1:37 am

2 Answers from Attorneys
Scott Shabel Law Offices of Scott Lee Shabel

Re: As the defendant can I appeal a judgement against me

You may be able to have the judgement vacated, depending on whether you were properly served with a summons and complaint. The basis for a Motion to Vacate is rather complex. We would be happy to discuss the matter with you further. Please contact us via or website @ www.labusinesslawyer.com

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Answered on 10/08/00, 8:43 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: As the defendant can I appeal a judgement against me

First, you were sued because you signed an instrument with legal significance, perhaps failing to see that there was, or to add, language such as "X Corp...... by John Doe, Secretary" showing that you were signing in your capacity as an officer of the corporation and not in your individual capacity.

Next, it is rather doubtful that you would have lost this lawsuit anyway, had you defended. It appears that you did not respond to the suit and allowed a default judgment to be taken against you.

It is possible to set aside a default judgment in some cases, and you should contact a lawyer for an initial conference at your earliest opportunity.

Another question is what became of the truck? If you have to satisfy the judgment it might become yours. Is it worth $5000?

Finally, it's possible you were defrauded by the other officers of the defunct company, and you might consider asking your lawyer whether they believe, after hearing all the facts, whether it would be worthwhile pursuing an action against any individuals.

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Answered on 10/09/00, 2:53 am


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