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?

Asked over 1 year ago - 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. Sean Michael Patrick

    Contributor Level 16

    4

    Lawyers agree

    Answered . 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... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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
  3. Pius Joseph

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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.

  4. George Costas Andriotis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

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