Legal Question in Legal Ethics in California

Default Judgement

I retained an attorney to handle a lawsuit against me. The attorney advised me against filling a daniel and said he was in contact the the plaintiffs lawyer to negotiate the situation. I received a default judgement, what are my options?


Asked on 9/12/08, 11:39 am

1 Answer from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: Default Judgement

Have you contacted your attorney to inquire about why an answer was not filed? The first thing you will want to do is to remove the default judgment. You can do this under the civil code if the attorney will admit that it was his/her own fault for not filing the answer. If the attorney will not comply, there are other procedures your new attorney can pursue. Once you remove the default and settle/litigate the underlying case, if the previous attorney was at fault for not filing an answer then you should have your new attorney file a claim against the 1st lawyer for the extra attorney fees it cost you to remove the default judgment.

If you would like to provide me with some more of the background and discuss further, please do not hesitate to contact me.

Warmly,

Bryan

619.400.4929

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Answered on 9/12/08, 11:52 am


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