Can I cancel a default judgement 2 years old if I was never served?

[illuminotme]

Got 'em, Thanks!

 

[illuminotme]

(My question is at the end of all this!)

I filed my motion to set-aside the default and it went unopposed for 20+ days, so I recently filed the order for the same. Immediately after filing the motion, the plaintiff had me served in person with the original complaint and summons at the school where I teach. The reason council for the plaintiff gave was "for new address". Right. Anyway...in the complaint I found that the basis of the accusation against me was the declaration of a phone investigation. The investigator claimed to have spoken to me on Sept, 7, 1996 at 817-xxx-xxxx. On that date, my business and business telephone had been closed for over 6 months. (March 6, 1996-according to official phone records obtained by subpoena.) The phone number they listed (the one they claimed to have spoken to me on) was for the business run by the woman I purchased my business from, years before. They claim to have spoken to me, and to an employee of mine. There is no way! I didn't have employees or even a business when those investigations took place! I was living in a different county and have proof. I obtained official phone records by subpoena for the numbers and addresses of my business, and the business they actually called, to prove to the court I was not the owner of the number they called and that I was not even in business when they called. I also provided certified records of my business d/b/a and the d/b/a of the business they actually called, in order to clarify the fact that I am not the owner of that number or business. I included all of this information and attached it all in my response to the complaint. I also moved for dismissal at the same time. I can get tons of other proof to support my claims of innocence, but I am hoping the judge finds this to be enough. I don't really see how the plaintiff's council can argue with me. In order for them to obtain a judgment against me, they are going to have to prove that I was in business at the time of the phone investigation, among other things. They will have to fabricate a whole lot more about me in order to do so. I think I have a pretty good chance of getting dismissed without prejudice.

So.... What's my question?

My question is this:

Providing I get dismissed, or it goes to trial and I am found innocent:

Can I file for damages awarded in the amount of what normal defense lawyer's fees would have been? I have lost a lot of time learning how to defend myself, going to the Federal Court House for filing, research and etc. I have had to turn down offers for making 2 commercial websites, plus set aside plans of opening a small digital imaging business that I had planned to do during the summer months. Am I entitled to obtain compensation for any of this? From what I can see in the complaint, I never should have been named in this suit, and I have proof. I have been forced by the plaintiff to take on the time and expenses of being an actual lawyer, and I feel I should be paid accordingly, since they caused me to have to do this against my will.

(Of course…if I DO get paid, I will have to send you folks your cut!)

 

[Tracey]

Good for you!

Regarding terms: You can't get attorney's fees because you don't have an attorney.
You might be able to get CR 11 sanctions if the judge is inscensed enough by plaintiff's actions. Read 2tired's post "contract" for CR 11. You'd have to prove that plaintiff should have known you weren't in business & that calling your old number to ask for you was not 'reasonable.' Your motion will have to list all the unreasonable actions of Pf, & how easy it would have been for them to get accurate information. Be sure to mention that service was improper on its face, so they should never have applied for default judgment in the first place! The motion will take you time an energy to draft, and most judges don't like to impose sanctions under CR 11 anyway. Might be best to just cut your losses.

Alas, you cannot pay us, as we'd then get gigged for practicing law without a license in your state. Bet you never thought you'd hear a lawyer refusing money!!


Great Karnak says, "Now they're going to 'amend' their complaint to include times you WERE in business!" Send a counter offer with your motion for sanctions - you'll settle if they pay you $2,000-5,000. That covers your lost time, AND you got quite the legal education figuring out how to respond to the judgment. Normally a semester of law school costs you $2k.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited June 11, 2000).]

 

[illuminotme]

First of all--Thanks for the help, all!

Second of all--

What is the legal definition of the term: extortion.

 

[illuminotme]

I have made several motions, one without opposition, that I have entered "orders" for, but still nothings changing on the docket. How long does it take for a Judge to "look" at the orders and judge them? I have also supplied the Plaintiff with hard evidence that I was not in business at the time I am being accused of doing the business they are suing me for. I have shown up in person at the Lyons Partnership HQ in Allen, TX, requesting to speak with the CEO of the company, Dick Leach. I have been given nothing but the run-around. These people are refusing to let me go, no matter what form of proof I give them that I was NOT in operation of the business they are claiming I was. Now, even Natalie Stormer, their legal in-house, is denying having sent a letter saying it was OK to use the costumes I used!
I have obtained the original of that letter. I sent it to her via e-mail after her denying it existed. I HAVE THE ORIGINAL!

THIS IS EXTORTION!

What can I do to make them dismiss me and make them pay for this harassment?????

My name is Chris Elkins
The case is 3:98-CV-0581-M

North Dist Of Texas

My e is [email protected], if anyone can help.

Barney AKA Lyons Partnership (plaintiff) lives 25 miles from me. I wish there was some way I could get the national news to look at this. They are crushing (have crushed) the finances of hundreds of Ma and Pa children's entertainers nationwide, entertainers who only had the desire to put a smile on a little child's face. It would be poetic justice if someone could help me sue them back.

And...guess who funded Barney's development?


YOU DID! Via taxes paid to PBS!

(Ever wonder where YOUR cut was?……It's in some very nice TV Production studio in Allen Texas, 300 E. Bethany Road, owned by Dick Leach, who refuses to meet with those who he wishes to sue for $145.000.00. His other business, located in the same building is called RCL, which stands for Resources for Christian Living. Jimmminy Christmas!! I KNOW who will be the final judge!)

Help if you can, freeadvice folks.
I appreciate it!

Chris

 

[Tracey]

Check with the court clerk to make sure you properly noted up the motion for hearing/decision and when it's noted for. Until the motion is noted up, the clerk won't pull the file & put it on the judge's desk!

Fax a copy of the letter to Ms. Stormer, then report her to the state bar. Not sure what for -- perjury for the lies regarding the original service? moral unfitness as evidenced by her blatant lies and extortion attempts? malicious prosecution in the face of overwhelming evidence that they have no case? Talk to the bar rep & ask for help defining the charges against her.

I don't know Chris, it may be getting to the point where you have to hire a lawyer just to get them to take you seriously. Given their extreme obstreporousness, you may be able to get the court to order them to pay your attorney fees.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.