Default Judgement

[wigmug]

Michigan, I had a Default Judgement against me for $105,000... I was sued by a car dealership for a vehicle purchase gone haywire. I hired a lawyer and she failed to awnser the Lawsuit then failed to enter a motion to stop the default ( I have this promise of a motion to stop the default, in a text message from said lawyer). I have since hired another lawyer to handle the case, and to get this settled through my original lawyers malpractice insurance, but since the malpractice insurance company will not respond to my current lawyer unless they are formally sued, my current lawyer said he can't handle the Lawsuit against the lawyer! I am now having 25 percent of my paycheck garnished! My family and I are living a nightmare..... could I go in front of a judge and have a chance to fight the original lawsuit based on this info? Default was originally ruled in April of 2015. I would really appreciate any advice on this issue!! Grand Rapids Michigan.

 

[Zigner]

Michigan, I had a Default Judgement against me for $105,000... I was sued by a car dealership for a vehicle purchase gone haywire. I hired a lawyer and she failed to awnser the Lawsuit then failed to enter a motion to stop the default ( I have this promise of a motion to stop the default, in a text message from said lawyer). I have since hired another lawyer to handle the case, and to get this settled through my original lawyers malpractice insurance, but since the malpractice insurance company will not respond to my current lawyer unless they are formally sued, my current lawyer said he can't handle the Lawsuit against the lawyer! I am now having 25 percent of my paycheck garnished! My family and I are living a nightmare..... could I go in front of a judge and have a chance to fight the original lawsuit based on this info? Default was originally ruled in April of 2015. I would really appreciate any advice on this issue!! Grand Rapids Michigan.

You NEED a new attorney. This is not something that an internet forum can help with.

 

[menchari]

Though my advice won't help you stop the situation you can send a complaint to the State Bar Association.

 

[wigmug]

?

Any idea if getting in front of a Judge to challenge the original Default is a possibility? I didn't sit Idle, my Lawyer did. Is this a valid excuse that a Judge may listen to?

 

[Zigner]

Any idea if getting in front of a Judge to challenge the original Default is a possibility? I didn't sit Idle, my Lawyer did. Is this a valid excuse that a Judge may listen to?

You NEED a new attorney. This is not something that an internet forum can help with.

[SUB]tap-tap-tap hello - is this thing on?[/SUB]

 

[quincy]

... I have since hired another lawyer to handle the case, and to get this settled through my original lawyers malpractice insurance, but since the malpractice insurance company will not respond to my current lawyer unless they are formally sued, my current lawyer said he can't handle the Lawsuit against the lawyer! ...

It appears you need to find a lawyer-malpractice attorney who can review the facts and help you pursue a legal action against your former attorney should the facts support a suit.

Here is a link to Michigan's Rules of Professional Conduct (see Rule 1.3 Diligence):
http://courts.mi.gov/courts/michigansupremecourt/rules/documents/michigan rules of professional conduct.pdf

And here is a link with information on filing a formal complaint against your previous attorney (see #2):
http://www.adbmich.org/FAQS.HTM#2

A question to ask yourself: Would an answer and motion filed in a timely manner have changed the outcome?

 

[wigmug]

Yes Quincy, I was sued for 3 times the amount of the vehicle I purchased, The dealership screwed up the Purchase of the vehicle. I only wanted to bring it to court because they ran my credit 14 times after I had initially took ownership of the car... brought my credit from 730 to 680! The original bank on the loan never paid the dealership because of issues with my license! They ran my credit without my permission 13 times one month after I had the vehicle!! Thanks for the links 😉

 

[quincy]

Yes Quincy, I was sued for 3 times the amount of the vehicle I purchased, The dealership screwed up the Purchase of the vehicle. I only wanted to bring it to court because they ran my credit 14 times after I had initially took ownership of the car... brought my credit from 730 to 680! The original bank on the loan never paid the dealership because of issues with my license! They ran my credit without my permission 13 times one month after I had the vehicle!! Thanks for the links 

There appear to have been several issues with the purchase of the vehicle.

Having another attorney look over all of the facts of the car purchase and the details of the dealership's lawsuit against you, and what your previous attorney did (and did not do) when representing you, can help you determine better if your previous attorney messed up. It sounds as if he might have.

Good luck.