Your posting suggests that you've considered a few of the basic options when learning of this default money judgment. Below is a link to my blog on all options when a defendant discovers a default judgment on an unpaid debt. Your posting does not indicate when the default judgment was entered or the location that the proof of service shows service was completed or whether it shows personal versus substitute service. These are important considerations in determining how likely a motion to set...
Failure to appear at a hearing that results in prejudice to the client is considered below the standard of care for a lawyer, for which you can complain to the state bar and have a potential claim for damages, due to negligence and possibly breach of contract. Lying to you also violates the Code of Professional Conduct to communicate promptly and completely to the client of substantive issues in the case.
Before you may sue for damages, you must first to try to restore the case and get the...
The complaint can be amended at any time, with permission from the court, either by motion for leave to amend or by stipulation. Once the defendant has appeared, the only service required is by regular, U.S. Mail. If the defendant has not appeared when a complaint has been amended, the amended complaint must be personally served, unless the defendant has agreed to another form of service or to appear voluntarily.
There is no way that you should welcome a judgment against you, if you are a...
Quoting from Videotape Plus, Inc. v. Lyons, 89 Cal.App.4th 156, 160. 107 Cal.Rptr.2d 1
Cal.App. 2 Dist.,2001: "Reasonable lawyers never plead only a single cause of action for a given set of facts, instead always pleading alternative theories to avoid malpractice claims. It particularly would have been malpractice not to plead negligence here, the court held, since such a claim triggers insurance coverage that could help settle the lawsuit."
Most likely the attorney who wants the deposition will accept the call from the witness and be willing to work out something for her to attend without undue inconvenience. No lawyer wants to take the deposition of an unfriendly witness who has been greatly inconvenienced. This starts with the witness calling the lawyer and advising of the situation, so a solution can be found.
By: Robert Stempler (please see DISCLAIMER below)
CONSUMER LAW OFFICE OF ROBERT STEMPLER
A Professional Law...
If the lender foreclosed by a trustee sale, not by a lawsuit filed in court for a judicial foreclosure, then you most likely have no deficiency to that lender if this was in California. If you'd like to post a new question on Avvo with some specifics of that loan and foreclosure to get responses on any deficiency, that may help you to know what debts to include in your Chapter 13 Bankruptcy plan or consult with an attorney who can assist you to answer this question, such as a Bankruptcy...
No, the attorney cannot refuse to sign a substitution of attorney for that reason and must cooperate in turning over to you the case file, so you can represent yourself or find another lawyer, which is probably the better idea.
In theory they can, because of those funds are half your property under Community Property law. The more aggressive debt collection attorneys will try to get those funds. Accounts at the major banks are targets, until this judgment is fully satisfied. Consult an experienced debt collection defense attorney or bankruptcy attorney about this, before the judgment grows and becomes worse than it already is for you and your wife.
The clerk of the court will reject any premature requests for entry of a default judgment based on the date and manner of service. The clerk of the court will also reject any request fro entry of a default judgment if the defendant filed his/her/its answer before the clerk receives the default request. I suggest you hire a debt collection DEFENSE attorney, as the risk of a judgment is still high and many defendants lose important defenses by handling it themselves.
To file a reply to the reply brief, known as a sur-reply brief, requires court permission. There is no requirement to reply to a reply.
It is not proper for the moving party to add new arguments in a reply brief, which is why a sur reply brief is generally unnecessary, as the judge should not consider new arguments or facts filed in a reply brief.
Robert Stempler (please see DISCLAIMER below)