On November 21 , 2010 , I was in an car accident . I didn't have insurance at the time of the accident . It was the other party's fault for the accident . Because I was going straight and she came from a side street , ran the stop sign , and turned in front of me as I approached the street she was turning from . We had went to court and I won the small claims court case . Her insurance company paid me for my medical bills because I wasn't insured at the time of the accident . As a result of me driving without insurance , my license was suspended . Almost two years later , I get a paper from the DIV saying my license is splendid again because I didn't appear in court and I owe the ladies insurance company over 6 , 000 dollars . I was not served papers so I couldn't appear in court . Should I file an appeal ?
Family Law Attorney
The short answer is Yes. However, wIthout seeing all of the documents, this is a difficult question to answer. If they brought a claim and you did not receive proper notice you should consult with an attorney to get the judgment set aside and litigate the case. Best of luck.
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Car / Auto Accident Lawyer
Appears that you can though more facts are needed to further advise. You should consult an attorney ASAP.
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You should have a local lawyer look into this, and see if anything can be done.
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It may be too late for any Appeal. You will need to go immediately and review the court file.It appears that a default Judgment was taken against you. Your only recourse at this time will be to file a motion to set aside the default Judgment based on the basis /reasons under California Code of Civil Procedure,Sections 473- 473.5. There may be an issue as to bar of the need civil lawsuit based on lack of compulsory cross-claim in the small claims proceedings.
All these issues may be will articulated by a lawyer. So hire a lawyer.