Legal Question in Civil Litigation in California
Need help /w Civil matter
A company has sued me for trademark infringment, all i did was sell 20 bottles of there outdated product online, and they sued me.
I did not respond to summons, and they have filed a default as of 11-07-08
I have no assets, no bank account, nothing.
The filing was in NJ, and i live in CA.
From what i am reading ,i really should respond and try to reopen the case and give my answer.
Now comes the same old line... i have little money to spend,but need this taken care of.
Should i try to find a ''cheaper lawyer''{if there is such a thing} and have him or her help me, or just let it go, and see what happends.
A judgment over me will not hurt me, but i am afraid of ''garnishment''... so i need advise. I know that no one can know what a company's lawyers will do, but any input would help.
If anyone knows of a place that can help me, for around $1000,$1500.00 to do the reopening motion, and file the answer, and actaully contact the lawyers, to see just ''what they want'' from me, it would really be appreciated.
Most lawyers i talk to want $5000 retainer... please, people, i cant pay that.
I live in the Ontario California area, Inland Empire .
If anyone knows of law students willing to help, or legal aid to help me , please post it.
2 Answers from Attorneys
Re: Need help /w Civil matter
The case is over, and you lost.
By waiting until after the case is over, you have essentially doubled the cost of defending, if that is even still possible. Normally there is no relief from a default judgment for someone who merely blows off responding to a summons, you need a better excuse. The good news is they can't sue you for what you don't have; and also, if you have no connection to NJ, it is theoretically possible to fight it when they have the sister state judgment entered in California. "Theoretically possible" is not the same as "cheap."
Re: Need help /w Civil matter
Mr. Stone's response is too pessimistic. There is probably still time to do something about a default that was entered a few weeks ago.
I say "probably" because your case is in New Jersey and I am not a New Jersey lawyer. Here in California you could bring a motion to set aside the default. New Jersey probably has a similar procedure, but only a New Jersey lawyer could say for sure.
You need to re-post your question under New Jersey rather than California. Ordinarily, the first LawGuru attorney to read a question posted for the wrong state would reject it. Now that an answer has been posted it is too late to do that. That's why I am posting this follow-up response urging you to re-submit your question so that LawGuru attorneys in New Jersey will see it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
