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dawn chamberlain · Jan 26, 2008, 10:27 PM

Judgement awarded by default. (CA) When exiting car, I tripped and fell when a contractor put a garden hose from his construction site into the city water main drain. I drove by the office to make sure they were still there before sending letter of demand and 5 days later the building has been bulldozed and no forwarding address. Can I collect from the insurance he held at the time his business/LLC was building the Condo (2005)? How would I find out who the insurance company was? Thank you this award is over $90,000.

excon · Jan 27, 2008, 04:19 AM

Hello dawn:

Couple questions. Why didn't you file against his insurance company if the first place? If you had, you wouldn't have had to sue. You must have a lawyer. He can find out who the insurer was.

excon

Fr_Chuck · Jan 27, 2008, 06:58 AM

If they are a LLC an still in business they are suppose to update their address with the State. So the dept that files corporations will have this info on file, if they did update it.

Next during court and the discovery of evidence you should have found out who the insurance company was ( if they even had any) and you should have made a claim against them, or included them in the law suit.

At the time, at the construction site, the owner of the site may have had a copy of his insurance on file, if they required proof, but after a few years doubtful it would stll be on file.

And as most find, winning the law suit is often easy, but collecting the money will be much harder.

JudyKayTee · Jan 27, 2008, 07:04 AM

Originally Posted by dawn chamberlain

Judgement awarded by default. (CA) When exiting car, I tripped and fell when a contractor put a garden hose from his construction site into the city water main drain. I drove by the office to make sure they were still there before sending letter of demand and 5 days later the building has been bulldozed and no forwarding address. Can I collect from the insurance he held at the time his business/LLC was building the Condo (2005)? How would I find out who the insurance company was? Thank you this award is over $90,000.

Don't know about all States but assuming he had insurance at the time, they would have paid this. I can't imagine a contractor allowing a Judgment to be taken if/when he had insurance and he should have turned it over to his company when served - therefore, I would think there is an insurance problem here.

And, no, you probably have no recourse if you only sued him at the time, he didn't bring in an insurance company and you or your Attorney didn't pursue it. Sounds like your Judgment is against the company only - the insurance company (which for whatever reason was not involved) "probably" will not pay what they did not defend and will excuse themselves for lack of knowledge/information.

I believe your recourse is to track down the contractor.

I've done a LOT of "trip and falls" and "slip and falls" and this is a very high award, perhaps not for California but for NY.

dawn chamberlain · Jan 28, 2008, 02:57 PM

My lawyer didn't even show up to court himself, he sent a "proxy". I begged him for the judgement and finally called the court and had them send it to me. I asked him what was next step, he told me he didn't do collections and gave me a referral. I don't even know if he did any discovery. I was uneducated about lawsuits in 2005 and now think that I didn't get the representation I should have. TheI company I sued has a disconnected phone, their office was bulldozed last week. All I have is the Building permit that was issued in 2004. The development compamy let the LLC/LLD lliscence expire. Do I have any recourse against the lawyer? Just wondering>>>

JudyKayTee · Jan 28, 2008, 03:07 PM

Originally Posted by dawn chamberlain

My lawyer didn't even show up to court himself, he sent a "proxy". I begged him for the judgement and finally called the court and had them send it to me. I asked him what was next step, he told me he didn't do collections and gave me a referral. I don't even know if he did any discovery. I was uneducated about lawsuits in 2005 and now think that I didn't get the representation I should have. TheI company I sued has a disconnected phone, their office was bulldozed last week. All I have is the Building permit that was issued in 2004. The development compamy let the LLC/LLD lliscence expire. Do I have any recourse against the lawyer? Just wondering>>>

If it's as you say it is, yes, I'd say I would certainly look into things. He is allowed to send someone else - as long as that someone is an Attorney - but certainly someone owes you an explanation of why the insurance company was not involved.

Was this case contingent - your Attorney got a percentage of the settlement? Or did you pay him up front?

Yes - I'd ask the Attorney's office what's going on.

And if you don't like the answer I'd ask another Attorney -

dawn chamberlain · Jan 31, 2008, 10:34 AM

There was no money given only if case was won. /i asked for discovery and why insurance wasn't sued and no response the only time I ever got any answers was when I begged. I tripped on a garden hose a construction site had put in the main water site for the city (stealing it) and told them the next day they covered the main with dirt. I asked a question on an internet site ad a lawyer responded. He then came to see me, took my info, looked a pictures of the site which was right next to the house.
I gave them the address of construction site and when they needed all medical doc. I didn't hear from then again until I asked status of They never responded to the lawyer I went to court and was awarded $90,000 they didn't show judgement by default. My lawyer is from Santa Anna I am in San Diego. When I asked for copy of judgement he said he would send when it was recorded. Judgement 12/20/07. I asked court for copy.
30 days, I asked what next he told me doesn't do collection gave me a referral and told me good luck.

Before this company bought the land, the property was vacant and the water main was covered with over grown grass and I told a friend who worked for city how dangerous it was and she had put yellow cones around it. When the company started construction they bulldozed building and put up a construction fence thus uncovering city water and tapped into it. I think I did not have good representation and want to ask the court or judge to do whatever it is so that I get back my statue of limitations back so I can go after city and sue my lawyer. This is the way it was! What do you think?
You will ask how I got hurt when I was so aware of the danger. City had paved road and I couldn't get to our off street parking and friend dropped me off next door to my house at night and forgot/didnt see the hole.

excon · Jan 31, 2008, 10:42 AM

Originally Posted by dawn chamberlain

the only time I ever got any answers was when I begged.

Hello again, dawn:

Well, you better go back and beg again. There's a problem here. Unless you collect, the lawyer doesn't get paid either. I don't know why he'd wish you good luck, and walk away with nothing. I don't think he did this case for free. If he got paid, I'd want to know how he did it.

I'd call and ask him. I wouldn't STOP calling until I got an answer. If I didn't get an answer in one day, I'd drive up to Santa Anna and sit on his doorstep until I did. That's what I'd do. But, that's just me.

excon

dawn chamberlain · Jan 31, 2008, 12:37 PM

Is he obligated to give me proof of discovery ? He told me he didn't do collections good luck in trying to collect and gave me a number to a collection lawyer. OK I will hound him. I sent a letter of demand to the company I know what bank he uses or used, I know a property that is in his name and want to try to collect on my own using the self help instructions from the court. Thanks

excon · Jan 31, 2008, 12:47 PM

Originally Posted by dawn chamberlain

is he obligated to give me proof of discovery ? he told me he didnt do collections good luck in trying to collect and gave me a number to a collection lawyer. ok i will hound him.

Hello again, dawn:

Yeah, I read that before. Like I said. It makes no sense. HE doesn't get paid unless you do.

As a matter of fact, this whole thing doesn't make sense - the $90,000 default judgment for a trip and fall - not suing the insurance company - not going after the bond - the lawyer not wanting to get paid - the contractor disappearing - hiring the lawyer off the internet...

I don't know. It's all pretty strange.

excon

ScottGem · Jan 31, 2008, 12:49 PM

This whole thing makes NO sense. First, $90K is WAY outside the jurisidiction of small claims court. Second, I would RUN from a lawyer who solicited you on the basis of an internet posting. Third, if this bird took the case on contingency, then, according to you, he has gotten nothing for his time. And I would be willing to bet an ambulance chaser like him would never do it.

So what I think happened is this shyster saw you coming and suckered you. I strongly suspect, he reached a settlement with the insurance company and pocketed the money. The problem is how to prove it.

The first thing I would do is contact the Santa Anna Bar association and ask what they know about him. The next thing I would do is contact a real lawyer who will sue the shyster for malpractice. Because ANY lawyer should know that in case like this you name EVERYONE in the suit. The contractor, his insurers, the city (for letting him steal their water), the owner of the property (if it wasn't the contractor) and anyone else with a remote connection to the incident.

dawn chamberlain · Jan 31, 2008, 12:55 PM

I have the judgement in front of me, I went to court spoke with the judge, the suit asked for $250,000 awarded me $90,00.00 (I had extensive surgery on my knee) and I thank you for your words of wisdom, shall not bother you fruther.

dawn chamberlain · Jan 31, 2008, 01:16 PM

Thank you that is exactly what I had in mind. Want me to tell you what happens? Thank you. Dawn

ScottGem · Jan 31, 2008, 01:20 PM

Yes Dawn, I would like to find out what happens. What court is listed on the judgement. Like I said that's beyond the realm of small claims court. Were you in court for the hearing? Did the judge not say anything about the lack of defendants?

Another thing I just thought of. You can try contacting the state and seeing if they know who the insurer was. I'm not sure but the LLC filing may have listed it. You can then contact the insurer to see if any claim was paid. If not, you may be able to file suit against the insurer.

dawn chamberlain · Jan 31, 2008, 02:07 PM

Superior court of san diego I had to appear judge said nothing about defendants it a default judgement defendant had llc/insurance at time of building being built he did not renew. How would I find out who insurance co was? Civil not small claims

dawn chamberlain · Jan 31, 2008, 02:31 PM

Superior court of ca/civil/not small claims/judge said nothing about no defendants/i brought a witness who saw the hole. Yes, llc/ was in current but not renewed after building finished. I looked at internet ad for these lawyers (2) all they do is accidents got a lot of big money judgements but doesn't say they collected. If the insurance co wasn't part of the lawsuit isn't it past statue of limitations?

JudyKayTee · Jan 31, 2008, 06:02 PM

Originally Posted by dawn chamberlain

superior court of san diego i had to appear judge said nothing about defendants it a default judgement defendant had llc/insurance at time of building being built he did not renew. how would i find out who insurance co was? civil not small claims

I'm not going into the inconsistencies of this entire narrative but something simply isn't right here. Absolutely and positively not right. The other issues (the dollar amount, who said what) have been addressed by other people.

However - If the Defendant had insurance at the time of the accident whether he renewed or not does not matter. I am not aware of any contractor liability policy that is not a date of accident policy - you had insurance when the accident happened, you're covered.

If somebody knows the defendant had insurance at the time of the accident that person knows the name of the insurance company. Who told you "he" had insurance - ask that person the name of the company.

If it's a default judgment - which I question - it's entirely possible the contractor had no assets, everything was in a corporation or similar set up and so he didn't care about the judgment because it was unenforceable - a possibility. Entirely possible the entity (corporation, d/b/a, whatever) went bankrupt and this judgment simply went away.

Sounds like too little info too late.

As far as the Attorney - I don't know. Could go either way - malpractice? Negligence? A client he simply got tired of dealing with? I have no idea.

But something is not right here.

excon · Feb 1, 2008, 07:06 AM

Hello again, Dawn:

Part of the problem is the lawyer. The bigger part of the problem is you. You are a neophyte. You don't know the law. You apparently got screwed by a lawyer. That's why you came to us.

So, don't feel bad that we've identified the problem. Feel good about it because if you do what we say, you'll either collect your money, or you'll find out that there ain't a dime to collect.

Yes, your lawyer should have been better. However, the question on everybody's mind is, is the lawyer a crook. Yes, it's a bummer that you are stuck doing the legwork you thought you paid for. Ok, you got screwed.

That's the YOU part. You need to learn how to manage the people you hire. Your lawyer isn't any different than your babysitter. You MANAGE your babysitter. You need to MANAGE your lawyer too. If this experience teaches you THAT, then it might be worth the $90K you're going to lose.

I say going to lose, because I've never seen a case with so much unusual stuff going on EVER end satisfactorily. But, you have a judgment in your hands that might be worth some bucks, and I'm going to do my best to help you cash it in.

excon

JudyKayTee · Feb 1, 2008, 07:49 AM

Originally Posted by dawn chamberlain

there was no money given only if case was won. /i asked for discovery and why insurance wasn't sued and no response as a matter of fact the only time I ever got any answers was when I begged. I tripped on a garden hose a construction site had put in the main water site for the city (stealing it) and told them the next day they covered the main with dirt. I asked a question on an internet site ad a lawyer responded. He then came to see me, took my info, looked a pictures of the site which was right next to the house.
i gave them the address of construction site and when they needed all medical doc. I didnt hear from then again until I asked status of They never responded to the lawyer I went to court and was awarded $90,000 they didn't show judgement by default. My lawyer is from Santa Anna I am in San Diego. When I asked for copy of judgement he said he would send when it was recorded. Judgement 12/20/07. I asked court for copy.
30 days, I asked what next he told me doesnt do collection gave me a referral and told me good luck.

Before this company bought the land, the property was vacant and the water main was covered with over grown grass and I told a friend who worked for city how dangerous it was and she had put yellow cones around it. When the company started construction they bulldozed building and put up a construction fence thus uncovering city water and tapped into it. I think I did not have good representation and want to ask the court or judge to do whatever it is so that i get back my statue of limitations back so i can go after city and sue my lawyer. This is the way it was! What do you think?
You will ask how I got hurt when I was so aware of the danger. City had paved road and i couldnt get to our off street parking and friend dropped me off next door to my house at night and forgot/didnt see the hole.

Looking over this again - who paid the Court expenses - filing fees, service fees, Court fees? I just don't see that the Attorney did this out of pocket.

I also don't understand the default judgment part - I have never seen a non-response for this amount of money that wasn't a summary judgment (not a straight default). In fact, I've never seen a default judgment in a superior court - which this must have been.

And once the statute is gone it is (99.9% of the time), gone - you can't "get it back." The statute has nothing to do with suing your lawyer - find an Attorney (and not one from the Internet!) who handles legal malpractice, take your papers to him and see what he says. It is not terribly unusual for the Attorney who took the Judgment NOT to follow through with collections and refer the matter out - but I've never heard of an Attorney telling a client to make his/her own arrangements. As I posted earlier it sounds like for whatever reason the Attorney feels this case is a loser and has distanced himself.

Back to who is paying the Attorney and the fees - ?

In NYS your admission that you either "forgot or didn't see the hole" would hurt you but I cannot address where you are.

getpeaceofmind · Feb 15, 2008, 08:09 PM

I agree, the story is a little strange.

I am a private investigator in California. What lawyer wouldn't attempt to collect their own judgment?

You need an asset investigation. Most private investigators who sepcialize in asset searches will charge between $500 and $1500 for a comprehensive report. Do not hire a PI who doesn't specialize in assets.

Its entirely possible the company is dissolved and no assets will be found. It's a long shot, but ask your lawyer to pay for an asset search. If not, then I would think having a $90,000 judgment against a debtor would be enough incentive for you to hire a PI.

You really need to find out more about the LLC. Check the Secretary of State's office. Who owns the property? Was this a contractor or contractor/developer?

Good luck,