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If I won a small claims court and the person I won the case on went and filed a civil case can I have it dropped or appealed?

Inglewood, CA |

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 ?

Attorney Answers 4


  1. 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.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  2. Appears that you can though more facts are needed to further advise. You should consult an attorney ASAP.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  3. You should have a local lawyer look into this, and see if anything can be done.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  4. 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.

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