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!
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!