We sued, they counter claimed. Case wasn't really moving, no discovery or interrogators... Needless to say, out attorney withdrew, so the case was just "sitting there", well apparently there was a trial date set up from the beginning or someone set it, we knew nothing about it, they appeared, we didn't and they got judgment by judge.
Can this be appealed? What stops collections actions? How do i find the right attorney?
You must file a motion for new trial within thirty days of the date on which the judgment was signed. This is a prerequisite to filing an appeal. Under the circumstances as you have related them, you should be able to obtain a new trial, in which event an appeal will not be necessary.
Contact an attorney who is board certified in civil trial law and has experience with appeals.
You have very limited time to do anything. You must file a motion for new trial and various other things. Use AVVO's find a lawyer tool to get an attorney immediately. Some of the time limits cannot be extended.
This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
You can probably get it reversed if you file an attorney in time to file a motion for new trial. Also, you might want to talk to a legal malpractice lawyer. I see a possible claim here as you should have been told in writing of the trial date.
Was my answer "HELPFUL" and/or a "BEST ANSWER?" I appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. Forrest Welmaker is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. No attorney fees unless a recovery is made. Doctor referrals are usually available.
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