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Reversing a default judgement in TN

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Aly1323

New member
Hello All and Happy New Year,

I need some advice regarding a rather complicated legal matter.

My brother, who is now deceased, had assault charges filed against him by a woman who was working for my mother (also now deceased). This happened in Sullivan County, Tennessee. I live across the country in Seattle, and didn't have much information regarding his legal issues.

However, I did know that since assault is a criminal charge then it would've been filed in the criminal court. After my brother passed away, I did hear that the plaintiff was informed that the (criminal) case against my brother would no longer be going forward.

Call me crazy, but after hearing this I just assumed that was the end of the legal proceedings against him...ha! What a fool I was, because it turned out that there was an additional case against him in civil court ~ and this was where a default judgement was issued against my brother for $750,000, after he failed to show up in court.

My brother had mental health issues and was in jail during all this time. He was not in a responsible state of mind, and as such wouldn't have paid attention to any notices regarding court dates, etc.

The main thing I have an issue with is that according to another woman who was working for my mother at the time, this was nothing but a money grab on the part of the plaintiff; she saw an opportunity and she went for it. She tried to, and may have succeeded in, stealing property from my mother's house (there is at least one gold necklace of hers that is unaccounted for).
Sandy, the other employee, observed the plaintiff removing garbage bags that very well may have instead contained my mother's personal property. I mention this because Sandy told me that the plaintiff said my mother told them they could have anything in my mother's house after she passed away. Sandy later asked my mother if this was true, and she said NO.

The plaintiff sounds to me like a dishonest person, and also told Sandy that she was going to go after my brother's inheritance (which coincidentally was also $750,000, the amount of the default judgement against him).

I don't object to the plaintiff getting monetary compensation in this case, even though I think she highly exaggerated the extent of her 'injuries' (which were almost exclusively emotional, not physical). I just think the amount awarded is very excessive, and way out of proportion to what actually occurred.

I would greatly appreciate any advice on if you think I should try to get this judgement reversed, and if so, what are the odds that I would be successful? I know it might be hard to determine something like that, but I just don't think I'd want to spend any additional attorney fees if there was basically no chance of winning this case... So your honest feedback would be greatly (and gratefully) appreciated!
 


LdiJ

Senior Member
An attorney in Sullivan County, TN would be in a much better position to review the paperwork on the case and advise you of any possibility of challenging it. Someone would have to review the paperwork to do so and that is not something that we can do here.
 

adjusterjack

Senior Member
I would greatly appreciate any advice on if you think I should try to get this judgement reversed, and if so, what are the odds that I would be successful? I know it might be hard to determine something like that, but I just don't think I'd want to spend any additional attorney fees if there was basically no chance of winning this case... So your honest feedback would be greatly (and gratefully) appreciated!
Here are two sections of the TN Rules of Civil Procedure that address setting aside a judgment:

Rule 55.02: Setting Aside Default. | Tennessee Administrative Office of the Courts

Rule 60.02: Mistakes — Inadvertence — Excusable Neglect — Fraud, etc. | Tennessee Administrative Office of the Courts

The judgment is a debt of your brother's estate. The court can theoretically claw back inheritances if the debt was not properly addressed during probate.

I suggest that you order a complete copy of the case file and the probate file so you have a better grasp of what happened.

Then decide if it's worth paying an attorney.
 

zddoodah

Active Member
I'm going to ask you a bunch of questions to fill in factual gaps. Some questions are more important than others, but please answer all of them, individually.


My brother, who is now deceased, had assault charges filed against him by a woman who was working for my mother (also now deceased). This happened in Sullivan County, Tennessee.
When did the alleged incident happen? When were the charges supposedly filed? Note that crime victims cannot file criminal charges. That's not how the criminal justice system works.


After my brother passed away, I did hear that the plaintiff was informed that the (criminal) case against my brother would no longer be going forward.
A deceased person cannot be prosecuted for a crime. Note, by the way, that there are no "plaintiffs" in criminal actions.


it turned out that there was an additional case against him in civil court ~ and this was where a default judgement was issued against my brother for $750,000, after he failed to show up in court.
Unlike criminal cases, civil actions can proceed against a deceased person. When was the case filed? When was the default judgment entered? When did you learn that the judgment existed?


The plaintiff . . . told Sandy that she was going to go after my brother's inheritance (which coincidentally was also $750,000, the amount of the default judgement against him).
What does this mean? When did your brother die? Was his estate administered in probate? If so, who was the executor, and did the judgment creditor file a claim or otherwise seek to enforce the judgment against his estate? When did your mother die? Was her estate administered in probate? If so, who was the executor? Did she have a will? If so, did her will leave anything to your brother? If so, what did she leave him? Did the will contain any language about heirs who might predecease her? If so, please quote that language.


I would greatly appreciate any advice on if you think I should try to get this judgement reversed, and if so, what are the odds that I would be successful?
You almost certainly have no standing to pursue this. It's also likely too late, but that cannot be assessed without answers to the questions I've asked.
 

quincy

Senior Member
Aly1323, I am sorry to hear about the recent deaths of your mother and brother. When did your brother die? Are you the one who is handing your brother’s estate?
 

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