California | Civil Litigation
Legal Question
overturning court's decision on setting aside a judgment
11 yrs ago I was in a minor rearend collision. The other party wanted me to pay 10K in damages & I refused until I had some receipts/quotes that would substantiate that amount. Unbeknowst to me, they ended up suing me and obtained a default judgment against me in 1996. I just found out about the judgment Dec 2005 when I was mailed a collection notice from their new attorney. I hired a lawyer who claimed I could probably get the judgment set aside on CCP 473.5. even though they had an affidavit for proof of service (I was never served) When the plaintiff submitted their opposition to the motion, I found out they claimed to have personally served me via a private investigator who claims to have set up a meeting under false pretenses in order to serve me (I had moved several times & apparently they could not find a good address for me). We lost in court & the plaintiff was awarded 1K in sanctions. I have come to find out my attorney was inexperienced &probably did not file the motion appropriately. Are there any other avenues I can take? The claim for damages is excessive & w/ the legal interest they have been awarded, will cost $25K to settle and they have liened my home. I just want my day in court to have proper costs assessed
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