QUESTION
What should I do if I have not replied to a civil action suit and I now have a default judgment against me?
Asked on Nov 09th, 2012 on Personal Injury - Florida
More details to this question:
I am being sued and I am young. I don't have hardly any money and I am in school. What should I do about this action first? I have yet to respond to any information about the accident.
9 ANSWERS
Ronald A. Steinberg
Oh, me! We should forgive you your debts because you are young and have hardly any money. If the default is more than 21 days old, you are in deep doo doo. Get a lawyer.
Answered on Nov 29th, 2012 at 7:39 AM
Thomas Edward Gates
Your first mistake was not responding. Since there is a judgment against you, you need to see if there is a reason that can be supported for your appeal. Otherwise, you are out of luck.
Answered on Nov 14th, 2012 at 6:50 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If it is from an auto accident, and the vehicle was insured, contact your insurer immediately. The insurer will hire a lawyer to defend you. You say there is a default judgment. If it is for an amount of money, there may be nothing you can do. You can file a motion for a new trial if you can give good reasons why you did not file an answer. If it is not for an amount of money yet, just an order stating that you are in default, the Plaintiff must schedule a hearing to prove his/her amount of damages. You have a right to cross examine their witnesses and argue for a low figure for damages. If a judgment for money is obtained against you and you have no assets, then they will be unable to make you pay the judgment.
Answered on Nov 12th, 2012 at 5:26 PM
It depends why you did not reply to the civil action. There could be some procedural factors to look at to see if the judgment could be reviewed and let you answer. There are many many questions that need to be answered about the accident etc, and why you ignored this. You should seek advice from an attorney through a call and perhaps even a meeting and yes you might have to pay a fee for the advice, depending how much you request. If there is a judgment against you, the person who has that judgment against you can seek payment on that judgment for 10 years (and longer if they renew that judgment) including garnishing your wages.
Answered on Nov 12th, 2012 at 5:26 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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You can apply to the court to have the judgment set aside if you do so within 6 months and have a persuasive excuse.
Answered on Nov 12th, 2012 at 5:26 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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You need to get the default judgment lifted or "opened", if you can, then you defend the lawsuit. Check with your local legal aid society, you may qualify to do this for free. Otherwise, try to do it on your own "pro se" Good luck.
Answered on Nov 12th, 2012 at 5:25 PM
Steven D. Dunnings
Hire an attorney.
Answered on Nov 12th, 2012 at 5:24 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Hire a lawyer to see if he or she can get the default set aside. You would have to prove excusable neglect and that you had a meritorious defense.
Answered on Nov 12th, 2012 at 5:24 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If default has been entered and judgment based on the default you have 30 days to appeal. If that time has passed you should negotiated with the lawyer and may arrangements to pay the debt. The debt will haunt your credit for 10 years otherwise.
Answered on Nov 12th, 2012 at 5:24 PM