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cristianb · Nov 23, 2007, 06:24 PM

Hi guys,

I would like to see if I can get some sort of advice before (if needed) getting a lawyer.

This is the case.

As an employee to a company I got sued for like 350 bucks that neither the company or myself should have paid to this out of the blue publication for some sort of advertising. Since somehow I was their only contact name or such my name was included in the lawsuit.

The first time I went to court the plaintif's lawyer told me that he will remove me and since he had not proof of the debt to begin with he will take care of it and if any questions he will contact me. The judge said OK come back on the 19th.
For personal health issues I could not make it to court on the 19th. On the 21st the plaintif's lawyer sends me a letter saying that on the 19th a judgement has been enetered against me for 350 or such and I should pay it or else he will take further measures...

So what do I do now? He has no proof, I should have never been on the list of defendant anyhow since I was just an officer of the corporation and I have signed no personal contracts and the only reason he got the judgement is cause I was not there on the 19th.

Is it a way to appeal this or overturn the judgement? I really do not want to have a judgement on my credit report...

Any help please...

Regards and much thanks
Cristian

ScottGem · Nov 23, 2007, 09:09 PM

You file a motion to vacate the default judgement. Explain that health reasons prevented you from appearing in court.

Didn't someone from your company respresent them? It wasn't an unjust judgement. The judge had no choice but to grant a default judgement when no one showed to defend against it. The plaintiff didn't have to present any proof.

What I don't understand is why the company isn't defending against this.

cristianb · Nov 25, 2007, 11:02 AM

The company no longer exists since it has been bought out by another company. And is why the company is not defending against this since the plaintiff is not suieng the new parent company but rather the old company and myself.

I will try to file the motion as soon as possible on Monday. Thank you very much for your advice.

Cristian

Fr_Chuck · Nov 25, 2007, 12:09 PM

If the old company was bought out, they should be liable, but they are most likely not sueing them, since they figure they would hire an attorney or have one on staff, your company should be supplying an attorney for this. It is not right for them not to.

Also don't always believe the other sides attorney, they can lie or twist the truth, believe what you see form the court.
But yes, follow the above advice and appeal this.