Legal Question in Legal Malpractice in California
I would like an assessment on possible damages award on attorney negligence
An attorney sued me years ago, I paid the judgement in full and recieved a letter releasing my license. His office then failed to file the letter of satisfaction with the courts showing the judgement as satisfied. I have proof of this and my credit report showing the damages of the judgement. what is the possible judgment award amount in a clear cut negligence case such as this and should it go to small claims civil or regular civil court?
2 Answers from Attorneys
Re: I would like an assessment on possible damages award on attorney negligence
I certainly cannot improve on Mr. Starrett's answer.
Follow his advice!
Re: I would like an assessment on possible damages award on attorney negligence
As the present time, you do not yet have a claim for damages. You need review Code of Civil Procedure Section 724.050 and follow the procedures listed there. The judgment creditor has 15 days from receipt of your written demand to file a Satisfaction of Judgment and the demand must contain certain language from the statute.
If the judgment has been satisfied and the judgment creditor fails without just cause to comply with the demand within the time allowed, the judgment creditor is liable to you "for all damages sustained by reason of such failure and shall also forfeit one hundred dollars ($100) to such person."
Liability under can then be assessed as part of our motion or in a separate civil action. But until you give them a chance to fix it per this code section, you have no claim for damages.
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