Legal Question in Civil Litigation in California
Clinically depressed & sued
My new husband had a judgement passed against him in a lawsuit due to his non-appearance in court during a bipolar depressive episode. My husband has discovered that there is a fair amount of evidence that the damage may have been due to sub-standard building material provided by a company that has settled lawsuits due to this problem several times. The client's lawyer refused to pursue any of the evidence.
In a few days, he is to appear in court with all his financial information for the opposing attorney (presumably so they can attach his accounts?). Is there anything we can do? Debt vs. savings leaves us with a negative worth before the judgement, and his business has a slow period in the winter when we need those small savings to pay rent etc.
Can a judge reverse his own judgement? Is there any way to appeal? Any contingency where he could get a chance to present the evidence he was too ill to present before? The judgement was passed months ago, and I just recently found out about it myself.
2 Answers from Attorneys
Re: Clinically depressed & sued
He can move to set aside the default within six months. Get legal help doing so, and opposing the lawsuit.
Re: Clinically depressed & sued
Your husband may be able to have the default and judgment (if any) set aside, but there are time limits and it is possible that they have already expired. The court may sympathize with your husband due to his condition, but illness alone is no excuse for ignoring a summons. Defendants who ignore lawsuits are inviting precisely this type of trouble.
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