Legal Question in Real Estate Law in California

Today I received a request for entry of default letter with my name on it but I was never served with any law documents other than this. The Company where I was an independent contractor is currently in a trademark lawsuit with another company. This company was trying to get me to settle but I did not have anything to do with the suit. What do I do?


Asked on 4/01/11, 4:56 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You have a limited time to contact the plaintiff's attorney to see if you can correct this and get yourself dismissed from or settled out of the lawsuit somehow, or to file a motion to set aside default. Talk to the attorney for your ex company, as they probably have a duty to defend employees in such suits. If all that fails, you'll have to hire your own attorney to protect me. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Your attorney may be able to persuade or pressure the company into taking over. It would be worth a try.

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Answered on 4/01/11, 5:41 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The fact that you don't know you were served is not all that unusual. You may have been served or the plaintiff may think you were served or the plaintiff may be lying about it, but at this point you should move forward as though you were served, because the court thinks so and if you don't move to prevent entry of default and a default judgment against you, that's exactly what will happen, and the next thing you know your salary, your car and your house will be taken away. You probably will need a lawyer. Although technically you can represent yourself, it's too risky. An improper default or default judgment can be cured at various stages of a case, but the faster you act, the quicker and cheaper will be the cure. Start Monday morning.

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Answered on 4/01/11, 11:26 pm


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