QUESTION
What happens when someone defaults on you when you have a large law suit against them?
Asked on May 03rd, 2013 on Personal Injury - Michigan
More details to this question:
A law suit was filed on an owner of a large show horse farm from an injury incurred by owner of farm and had no workman's comp insurance. Suit was filed by a large law firm and final 20 demand was not met and they defaulted. Even after extensions.
13 ANSWERS
Talk with your lawyer. It makes little sense for a lawyer not getting paid to guess at what the facts might be. Speak directly with the law firm you hired.
Answered on May 07th, 2013 at 5:09 PM
I do not fully understand you questions. That a large law firm is involved is irrelevant. If the defendant fails to answer the compliant then a default judgment can be taken against the defendant. Normally the plaintiff would have to prove the damages to a judge who would then issue a judgment for a certain dollar amount. The proof can be by paperwork and not actual testimony and the judge usually is very liberal in accepting the amount of damages asked for. If there is no WC insurance then liability is assumed.
Answered on May 07th, 2013 at 5:09 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I really cannot understand this question. It sounds as if you are asking what happens if you file a suit against someone for personal injury and they go into default by failing to file an answer. In that case, liability is admitted and you have a hearing on the issue of damages.
Answered on May 07th, 2013 at 5:09 PM
James Eugene Hasser
I think you are asking what happens if you get a default judgment against someone. The answer is that if the judge lets it stand, (usually the Defendant hires a lawyer to ask the judge to set it aside as soon as they realize the judgment has been taken), then you have a money judgment you will have to collect against the judgment debtor. Good luck.
Answered on May 07th, 2013 at 3:40 PM
Ronald A. Steinberg
The lawyer will know what to do.
Answered on May 07th, 2013 at 3:23 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Question does not make sense a lawsuit filed on an owner? Then the owner was hurt in a comp case? who sued the farm? And why? A default usually means the defaulting party has no insurance and has no assets, nothing to lose so why fight. See a good lawyer and tell him all the facts.
Answered on May 07th, 2013 at 3:07 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If a default was entered, the plaintiff can now prove-up damages and get a judgment. The defendant would have to make a motion to set aside the default to get back in the lawsuit.
Answered on May 03rd, 2013 at 1:33 PM
Thomas Edward Gates
You attorney can answer your question.
Answered on May 03rd, 2013 at 1:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You question is not full understandable but if there is a default the requested relief is generally granted as there has been not defense.
Answered on May 03rd, 2013 at 1:32 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The person who sued wins. Of course, I would not surprised if there isn't a bankruptcy in the future of the farm.
Answered on May 03rd, 2013 at 1:32 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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And why are you interested? If you are the injured party, then your statement indicates that a suit was filed on your behalf "by a large law firm" so that's who your question should be directed to. If you are the owner of the horse farm, then you should talk to your lawyer and there are many questions to be asked, depending on what went on before now. If you work for the horse farm, just stick to your job, don't run your mouth and hope that it all gets worked out. If you are just curious, MYOB.
Answered on May 03rd, 2013 at 1:32 PM
Insurance Attorney serving Seattle, WA
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Lawrence Kahn Law Group
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Your attorneys an seek a default judgment and seek to enforce it.
Answered on May 03rd, 2013 at 1:31 PM
John Hone
After the default, the second step is to get the Default Judgment.
Answered on May 03rd, 2013 at 1:31 PM