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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I have a default judgment on a company were a contract was

Customer Question

I have a default judgment on a company were a contract was involved , does this default judgment cancel out the contract?
Submitted: 3 years ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 3 years ago.

CalAttorney2 :

Dear Customer. Thank you for choosing Just Answer. I am would like to help you today

CalAttorney2 :

When you say "does it cancel out the contract, what type of contract did you sue under?

CalAttorney2 :

Also, what type of judgment did you get (money judgment or declaratory relief or both?)

JACUSTOMER-ocorxwt1- :

the contract was to help with an insurance claim public insurance ajuster

JACUSTOMER-ocorxwt1- :

money jugment

JACUSTOMER-ocorxwt1- :

but i need -the contract void

CalAttorney2 :

This money judgment would take the place of the contract.

JACUSTOMER-ocorxwt1- :

is the contract void

CalAttorney2 :

The judgment says that you fulfilled your obligations and they did not.

JACUSTOMER-ocorxwt1- :

my insurance company is saying that i have to have the contract void

JACUSTOMER-ocorxwt1- :

If the money judgment takes the place of the contract then their is no contract now

CalAttorney2 :

Was there anything left for you to do under the terms of the contract even you received your judgment (were you seeking judgment on only partial performance - this is unusual)

CalAttorney2 :

The judgment doesn't necessarily take the place of the contract, it says that you have fully performed under the terms of the contract, or alternatively are excused from performing, and that they did not perform - therefore they must pay you money and you do not have to do anything further.

JACUSTOMER-ocorxwt1- :

no The public adjuster was to get me 20 percent over and above the insurance claim, and he did not I filed a claim Law suit

CalAttorney2 :

the lawsuit was not against the adjuster

JACUSTOMER-ocorxwt1- :

yes it Was G W Burke and Associates In Irvin Ca The case Is In Riverside, Ca

CalAttorney2 :

If you sued on contract, and won, I can not see how they now want to enforce some other terms of this money claim

JACUSTOMER-ocorxwt1- :

the insurance company wrote a check with the adjuster name on the check and my name now that i have won The insurance company is saying I have won, but that i should have asked for the contract to be void because I did not asked for the contract to be void the insurance will not take his name off

JACUSTOMER-ocorxwt1- :

Is their any was i can talk to you by phone

CalAttorney2 :

Unfortunately I cannot speak with you by phone. This is a strange situation, but the insurance company is taking a bizarre stance by keeping your money.

JACUSTOMER-ocorxwt1- :

OK The insurance is telling me that because it does not say on the default void contract they not re issue checks what can i do ,

JACUSTOMER-ocorxwt1- :

What can i do I feel that the insurance company is stalling

CalAttorney2 :

you can make a motion to the court to amend the judgment

CalAttorney2 :

a fairly straightforward process you will need to go to court for approval. but it is pretty straightforward

CalAttorney2 :

(The additional relief would be a declaratory judgment voiding the contract, in addition to the money judgment) I believe that in general this is unnecessary, but it may be an easier way to deal with this matter in your case. You will unfortunately have to serve the defendant again to notify them that you are seeking this additional relief. , I would suggest demanding that the insurance company underwrite these costs as this only benefits them.

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