Paid the lawyer and court declared default..

[phatbashar]

It's very embarrassing for an atty to be sued in small claims.

It just has the appearance of impropriety, even if the atty is correct.

Is it possible you misunderstood what the atty promised to do ?
I'd be pretty furious if I were sued unfairly. ...

Furious attys are nasty animals.

Yes, i know what the atty told me, this lawsuit is not something i took lightely. I asked him about the court date and he told me not to worry about it and that he got an extention. The next thing i know i get a letter saying i never showed up to court. This is why it is such a big deal, if he would have let me know that i needed to go to court becuase he didn't get an extention I would have gone. I wouldn't have just put off going to court when being sued for such a large amount(atleast in proportion to my income). The main problem is that the atty rarely returned my calls and when he did he simply told me "not to worry about it" and that "he would take care of it. I have phone bills showing how many times i tried calling him to no avail.

 

[CALIF-LAWPRO62]

Yes i am sure, i even asked him about the court date and he told me not to worry about it and that he got an extention. The next thing i know i get a letter saying i never showed up to court. This is why it is such a big deal, if he would have let me know that i needed to go to court becuase he didn't get an extention I would have gone. I wouldn't have just put off going to court when being sued for such a large amount(atleast in proportion to my income) the main problem is that the atty rarely returned my calls and when he did he simply told me "not to worry about it" and that "he would take care of it. I have phone bills showing how many times i tried calling him to no avail.

My response:

So, basically, you have no proof. So, you're trying to palm the blame off onto the attorney.

Garulla, do you see how this looks, and how this "story" is shaping up?

IAAL

 

[phatbashar]

My response:

You received your advice, and you're unwilling to take advantage of that advice; e.g., Small Claims court.

IAAL

I never said i was unwilling to go to small claims court, i just implied that i would rather not.

 

[garrula lingua]

Well... talk to the atty about filing a Motion To Set Aside the Default.
Maybe, if the atty restores you to your former position, that would be the best result.

You would then be in the position of proceeding in pro per with the ins co, or you could find another atty to file the motion to set aside.

You have two problems: do you want to restore the lawsuit and proceed to trial, and what do you do about the atty.
Don't get so focused on the atty that you miss deadlines on the set-aside, if that is the best way to proceed on the ins case.

 

[CALIF-LAWPRO62]

Well... talk to the atty about filing a Motion To Set Aside the Default.
Maybe, if the atty restores you to your former position, that would be the best result.

You would then be in the position of proceeding in pro per with the ins co, or you could find another atty to file the motion to set aside.

You have two problems: do you want to restore the lawsuit and proceed to trial, and what do you do about the atty.
Don't get so focused on the atty that you miss deadlines on the set-aside, if that is the best way to proceed on the ins case.

My response:

Garulla, the write never did answer your question about the name of his State. That was just one of the questions you asked, that he dodged. He purposefully deleted the "State name" question in his original post.

How much would you care to bet that the writer isn't in the United States? If he is, then why didn't he answer the opening question, or your question? Could it be he's dodging the truth? Could it be that this was the way he dealt with his attorney; e.g., answering only those questions that were "comfortable"?

As to your suggestion to file a Motion to Set Aside the Judgment, we have no idea how old the judgment is in the underlying action, and filing such a Motion would require the writer to create a Declaration of his facts, and sign it under oath.

I don't think he'd be able to sign such a Declaration using the so-called facts he's written here.

IAAL

 

[phatbashar]

My response:

Garulla, the write never did answer your question about the name of his State. That was just one of the questions you asked, that he dodged. He purposefully deleted the "State name" question in his original post.

How much would you care to bet that the writer isn't in the United States? If he is, then why didn't he answer the opening question, or your question? Could it be he's dodging the truth? Could it be that this was the way he dealt with his attorney; e.g., answering only those questions that were "comfortable"?

As to your suggestion to file a Motion to Set Aside the Judgment, we have no idea how old the judgment is in the underlying action, and filing such a Motion would require the writer to create a Declaration of his facts, and sign it under oath.

I don't think he'd be able to sign such a Declaration using the so-called facts he's written here.

IAAL

My response:

Garulla, the write never did answer your question about the name of his State. That was just one of the questions you asked, that he dodged. He purposefully deleted the "State name" question in his original post.

How much would you care to bet that the writer isn't in the United States? If he is, then why didn't he answer the opening question, or your question? Could it be he's dodging the truth? Could it be that this was the way he dealt with his attorney; e.g., answering only those questions that were "comfortable"?

As to your suggestion to file a Motion to Set Aside the Judgment, we have no idea how old the judgment is in the underlying action, and filing such a Motion would require the writer to create a Declaration of his facts, and sign it under oath.

I don't think he'd be able to sign such a Declaration using the so-called facts he's written here.

IAAL

I never deleted it on purpose i probobly saw some writing that i didnt write and deleted it by force of habit. The state is New york**************I never answered the question becuase i only answered what i thought was really relevant. What would telling you about the state have to do with this situation?

 

[CALIF-LAWPRO62]

I never deleted it on purpose i probobly saw some writing that i didnt write and deleted it by force of habit. The state is New york**************I never answered the question becuase i only answered what i thought was really relevant. What would telling you about the state have to do with this situation?

My response:

Great excuse!

Yes, State laws have nothing to do with your post. You didn't need to know EXACT laws anyway.

Go back to bed, and sleep it off.

We're done with you.

IAAL

 

[CALIF-LAWPRO62]

I never answered the question becuase i only answered what i thought was really relevant.

My response:

And there you have it, Garulla. The writer was playing "Perry Mason", when he had no knowledge to do so. Just like he did here, with "thinking" what is, and what isn't "relevant," he undoubtedly did the same thing with his "advisor" attorney, and chose what to do, and what not to do, on his own underlying action, and is now paying the price for it. I knew he was trying to "shift the blame." And, he's STILL not answering the questions being posed to him. Typical New Yorker.

I knew this was the case, and you fell for it, hook, line, and sinker!

He has no grounds for a Motion to Set Aside the judgment.

IAAL

 

[CALIF-LAWPRO62]

My comment:

By the way, I have copied this entire thread. I want it to stand as a "monument" to how far people will go to come here and lie through their teeth - - and also the fact that I discovered, and uncovered, this liar.

So, just in case it gets deleted, it's going to "pop" right back again!


IAAL

 

[phatbashar]

My comment:

By the way, I have copied this entire thread. I want it to stand as a "monument" to how far people will go to come here and lie through their teeth - - and also the fact that I discovered, and uncovered, this liar.

So, just in case it gets deleted, it's going to "pop" right back again!


IAAL

How did you uncover a lie...you are the most childish lawyer i have ever met.

 

[CALIF-LAWPRO62]

How did you uncover a lie...you are the most childish lawyer i have ever met.

My response:

Of course I'm "immature"! That's the typical response from an idiot who's been discovered to be a liar.

I said it before, and I'll say it again . . . you've got nothing, and you're going nowhere fast.

Grow up, and when you have the experience that I have, you'll be able to pick out a liar, too!

You see, this is your reality. You lost the case because of your own doing.

Pay the judgment, liar. You can't "pass the buck" on this one.

IAAL

 

[phatbashar]

My response:

Of course I'm "immature"! That's the typical response from an idiot who's been discovered to be a liar.

I said it before, and I'll say it again . . . you've got nothing, and you're going nowhere fast.

Grow up, and when you have the experience that I have, you'll be able to pick out a liar, too!

You see, this is your reality. You lost the case because of your own doing.

Pay the judgment, liar. You can't "pass the buck" on this one.

IAAL

I'll be the adult on this one. I'm done argueing with you....

 

[CALIF-LAWPRO62]

I'll be the adult on this one. I'm done argueing with you....

My response:

Really? How sweet of you, sweetheart!

Right about now, you must be saying to yourself, "I'm a student - - how the hell am I going to pay that judgment? Help!"

IAAL

p.s. The word is spelled, "arguing", college boy.