California  |  Real Estate Law

Legal Question

Asked on: 3/30/06, 2:58 am

Default judgement has been made. Attorneys fault . We lost the case. Help

A default judgement has been made against us, due to our attorney's neglection. Our property has been in court for a partition case for almost a year. First we received a default notice from the other parties attorney, which i'm sure our attorney also received it. Then comes a default judgement, which our attorney said he's going to file a motion to appeal and says don't worry about it. Now the case is over and we loose, due to a default and we lost everything, money has been distributed to court fee, attorneys fee,to other party. etc.. the share of equity and all. We Don't even received a notice that we have to appear in court which we've been waiting for a long time, so the judge can hear our side of the story. The judge give all the favor on the other party, since we're in default that we dont even know.

We have a good proof that we can win the case. But our attorney i think just ignore the other parties notice, or dind't do anything about it.

Is there a way that we can reopen the case, or fight the judgement. So the judge can hear our side and see our proof, evidence, and all. Since it's not our fault that our attorney didn't respond on time or just completely neglect us.

Thanks

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