Legal Question in Personal Injury in California

Reinstating a default judgement

I was in an auto accident in CA over 2 yrs ago. My attoreny was able to obtain a default judgement, after attempting to serve the other party for a year. Over the course of a year my lawyer tried to collect on the default. Now a year later the other party was able to get the default set aside because he was in jail. I was never aware there was even a court date for this proceeding. Is it possible to get teh default reinstated? My attorney told me to come pick up my file. If I can't get another attorney what could happen to me if I just drop this?


Asked on 2/14/09, 5:04 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Reinstating a default judgement

You should discuss that with the attorney who had represented you, or another attorney. Generally you would not have to pay any costs for defendant. Some contingency fee contracts provide for you to pay costs such as filing fees, service of process fees, etc.

Contact other attorney to see if any of them will take your case. If after a diligent search for another attorney then explore dismissal following the above procedure.

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Answered on 2/20/09, 11:10 am


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