Legal Question in Civil Litigation in Indiana

As defendant, how do I argue punitive damages prayer against law firm?
When selling property, found out about default judgment against me by firm that ''represented'' me during divorce & custody. I filed motion to set aside default (I was never served. Service was at in-laws. I hardly see or talk to them &they returned all mailings.) Motion granted. They pushed default thru court, & argued against my motion, knowing full well I hadn�t rec'd notices, trying to keep the $12.5k judgment. Claim I never paid. I have ~$39k in cancelled checks & using their AR report, inc'd in claim, I can show I overpaid $160. My father, used the firm for big case prior, & friends w/ a partner, asked for referral to family law attorney when my ex got ugly during divorce. Claimed they had attorney on staff. I had to remind him to file on time, correct errors, etc. My costs $38k, ex's $12k. Later I had to hire attorney to defend against ex again, I learned that firm wasn�t known in FamLaw circles. Have checked their website. They don't include Family Law as practiced.

Can I request punitive damages in answer to claim for actions around default? Can I request half of fees back since I paid for their employee to learn FamLaw? How do I word? What points of law do I use to back request? Have no money. I can't afford attorney.

Asked on 2/02/04, 9:23 am

Donald Holben Donald R. Holben & Associates, APC

0 users found helpful

0 attorneys agreed

Re: As defendant, how do I argue punitive damages prayer against law firm?

You have right to fee arbitration in California through county bar or state bar. If not given that option. Push for it

Answered on 2/02/04, 1:19 pm

Keywords

Match Any Match All

Country

State

Area of Law