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  #1  
Old 04-09-2009, 10:07 AM
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Join Date: Apr 2009
Posts: 3

Lawyer has a judgment against me and having trouble fighting it


Indiana.
I went to see a lawyer about modification to child custody. She would not help but said the only thing she could do is modify the support order. I did not sign any thing at that time. The next day I called her to ask if she was sure that that was the only thing she would do for me, she said yes. I did not hire her.
About 6 months later she sued me for 484 dollars. She never represented me, she never filed any court papers, she never acted on my part in any way.
The initial consultation was supposed to be free, i was at her office maybe 20 mins.
I have never seen her produce any papers to the court ony state the fact she thinks I owe her. The court gave her a judgment. Now every 2 months she drags me in court trying to get her money. I have never seen any docs or proof that she submitted or had a chance for discovery. I tried to fight it and the judge would not even listen to my side.
I dont owe her and want to get this vacated.

Last edited by BTO429; 04-09-2009 at 10:13 AM.
  #2  
Old 04-09-2009, 10:16 AM
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Join Date: Jan 2005
Posts: 21,351
It's too late. You have a judgment against you. You won't be able to get it voided as your period for appeal has passed. Furthermore, you cannot claim improper service, since you have been to court several times on the matter already.

Pay what you owe.


Quote:
Originally Posted by BTO429 View Post
Indiana.
I went to see a lawyer about modification to child custody. She would not help but said the only thing she could do is modify the support order. I did not sign any thing at that time. The next day I called her to ask if she was sure that that was the only thing she would do for me, she said yes. I did not hire her.
About 6 months later she sued me for 484 dollars. She never represented me, she never filed any court papers, she never acted on my part in any way.
The initial consultation was supposed to be free, i was at her office maybe 20 mins.
I have never seen her produce any papers to the court ony state the fact she thinks I owe her. The court gave her a judgment. Now every 2 months she drags me in court trying to get her money. I have never seen any docs or proof that she submitted or had a chance for discovery. I tried to fight it and the judge would not even listen to my side.
I dont owe her and want to get this vacated.
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  #3  
Old 04-09-2009, 10:24 AM
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Join Date: Apr 2009
Posts: 3
Gee pay some one for doing nothing. I see how lawyers make their money now.
  #4  
Old 04-09-2009, 10:59 AM
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Join Date: Jan 2005
Posts: 21,351
Quote:
Originally Posted by BTO429 View Post
Gee pay some one for doing nothing. I see how lawyers make their money now.
Did you show up in court originally?
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #5  
Old 04-09-2009, 11:06 AM
Member
 
Join Date: Apr 2009
Location: Southern Ohio
Posts: 31

Seems strange...


Isn't there a process in getting s judgement through Small Claims Court? Did you receive a bill from the lawyer that you ignored? Did you receive the initial Claim filed with the court? If so, did you go to the hearing? If you didn't show at the hearing and the judge or magistrate had sufficient evidence showing you had notification of it, then yes, a default judgement can be rendered in favor of the plaintiff.
  #6  
Old 04-09-2009, 06:18 PM
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Join Date: Apr 2009
Posts: 3
Yes I showed up for court. I never got to see any docs that she had for evidence. I asked for discovery and the judge told me to just pay the bill. I was denied discovery.
  #7  
Old 04-09-2009, 06:35 PM
Senior Member
 
Join Date: Mar 2006
Posts: 6,673
If the case was incorrecly decided because of due process violations, you appeal. Since you didn't you owe the money. What you think is irrelevant. A judge thought you owed the money and you did not defend your position properly. There is nothing you can do but pay, continue going to court every two months or make a deal with the attorney. Nothing. Period. You blew it and no one will even listen to your argument. No one except friends who will nod sadly at how you were screwed by lawyers.
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