not fair! cant fight for what is right!

[lindagree]

may of 2010, I bought a house in florida, I was living in Illinois. I had to get my car and my sons car ready to travel and took it to a near by service center for a trip check and to get my sons engine light was on and needed to get that checked. This cost me 3200 dollars for both cars and they never even fixed the problem. All the work that they claimed they did, was not done and they never even put back the engine bolts. When I arrived in florida I called the service center and was asking for collin, which is one of the owners. they kept telling me he was not in, finally after 2 weeks another brother answered the phone and told me he was on vacation and they werent going to do anything except next time im in town bring it back to them and thy will fix it. I told them I cant drive the car to Illinois with all these problems and they need to reimburse me. The guy started screaming...no way!
I then wrote them a letter telling them all the problems and if they didnt make it right i was calling my bank and I will wait for there call. 1 1/2 months went by and no resolution was made. Called my bank and they did an investigation which took 3 months. I had to give them receipts of all things done with the car and etc. Bank gave me back my money in december of 2010.
Three months later I get a process server serving me papers to appear in court. I called the court clerk and told her I was desabled and my son was just diagnoised with stage 4 kidney disease. She said I had to appear or it goes into default. gave me the illinois bar association to call. they referred me to a law firm, I called firm and told them my story and I did not have any money since i live on disability now. They basically said do you want to chase bad money after good just to prove you are right. I contacted another lawyer and he said the same.
Two days ago a process server tried to serve me and I looked online and found out a judgement was entered september 26th 2011. Do I sign this from process server? can I still fight. I have no money to pay this. need advice!

 

[sandyclaus]

may of 2010, I bought a house in florida, I was living in Illinois. I had to get my car and my sons car ready to travel and took it to a near by service center for a trip check and to get my sons engine light was on and needed to get that checked. This cost me 3200 dollars for both cars and they never even fixed the problem. All the work that they claimed they did, was not done and they never even put back the engine bolts. When I arrived in florida I called the service center and was asking for collin, which is one of the owners. they kept telling me he was not in, finally after 2 weeks another brother answered the phone and told me he was on vacation and they werent going to do anything except next time im in town bring it back to them and thy will fix it. I told them I cant drive the car to Illinois with all these problems and they need to reimburse me. The guy started screaming...no way!
I then wrote them a letter telling them all the problems and if they didnt make it right i was calling my bank and I will wait for there call. 1 1/2 months went by and no resolution was made. Called my bank and they did an investigation which took 3 months. I had to give them receipts of all things done with the car and etc. Bank gave me back my money in december of 2010.
Three months later I get a process server serving me papers to appear in court. I called the court clerk and told her I was desabled and my son was just diagnoised with stage 4 kidney disease. She said I had to appear or it goes into default. gave me the illinois bar association to call. they referred me to a law firm, I called firm and told them my story and I did not have any money since i live on disability now. They basically said do you want to chase bad money after good just to prove you are right. I contacted another lawyer and he said the same.
Two days ago a process server tried to serve me and I looked online and found out a judgement was entered september 26th 2011. Do I sign this from process server? can I still fight. I have no money to pay this. need advice!

Um... if you chose not to appear in Small Claims the first time around, it's unlikely you will be able to vacate that judgment. You would need very good reason for why you didn't show up the first time. Your being broke and not being able to find a lawyer who was willing to fight your case won't suffice. Neither will your being disabled and your son fighting kidney disease.

It seems that you missed your opportunity to challenge this case when you had it. I think it's too late now, especially since even to appeal, most courts require that you file an appeal within 30 days of the judgment date (which was almost 3 months ago now).

Sorry, you snooze, you lose.

 

[LOSP]

"Life is not fair!" The lesson here is: no matter what never ever miss a date with the court system. Beg, borrow and steal to get there if you have to. If you do not show up in court, you will have to learn this lesson the hard way. In a few years when interest is added to the judgement they will be able to take your house away if need be.

 

[Zigner]

You likely would have lost anyway. You needed to provide the original shop the opportunity to rectify the problem.

 

[LOSP]

You likely would have lost anyway. You needed to provide the original shop the opportunity to rectify the problem.

Absolutely correct!

CIP:

1. Defendant said they could copy a sofa if provided with dimensions and an image of said sofa.
2. Plaintiff contracted defendant to build said sofa. But did not specify the interior construction.
3. When sofa arrived it did not resemble the image at all, mainly due to the fact that it was filled with "foam" and not "goose down".
4. Plaintiff gave sofa to the Goodwill then sued in small claims.
5. Defendant won on the basis that the defendant was not given the right to make it right.

 

[Mass_Shyster]

I did not have any money since i live on disability now.

can I still fight. I have no money to pay this. need advice!

You can't fight it, since you did not show up in court when offered the chance. The next step is for the garage to domesticate the judgment so it will be enforceable in Florida. At that time, they can seize whatever non-exempt assets you have to pay off the judgment.

If you're on disability, they may be wasting their time.

What assets do you have?

See http://www.tampa-bankruptcy.com/florida_exemption_statute.html for exemptions from seizure.

 

[Proseguru]

Neither will your being disabled and your son fighting kidney disease.
.

This could be good cause if the court wishes to take the facts relating to it as being good cause.

Ex: your child had to go to the ER the day before the trial & this kept the defendant away from being able to travel to the courthouse.

All depends on the specific set of circumstances.

Sounds like the legal consul you contacted told you to settle the case.

And getting a judgment vacated does not mean you'll win your case.