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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3817
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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This involves the same parties and transactions as the prior

Resolved Question:

This involves the same parties and transactions as the prior question about curing.

If the plaintiff (related) had undue influence over the defendant that led the defendant to spend $150,000 over several attorneys to answer questions Plaintiff had (Plaintiff just won't stop), which caused signifiant financial issues and also caused the defendant to "miss" dates including showing up at court for the very complaints we're talking about -- is there a way to get damages at least to all costs?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Thank you for your question.

The fact that the defendant was relying on the plaintiff to be informed of the court dates instead of keeping up with the court dates by contacting the court will likely not lead to any avenue for recovery on costs. Each litigant has a responsibility to remain informed as to the dates of hearings and court proceedings. On the other hand, if the plaintiff specifically misinformed the defendant of the court dates, by sending a false notice, this could result in a reversal of the judgment on appeal if an objection was lodged in a timely manner before the trial court.

In regard to extensive discovery costing the defendant $150K in attorney's fees, this may be recoverable. The American system requires that each party bear their own attorneys fees in most situations. However, you mentioned that this is a breach of contract case. If the contract provides that the prevailing party in a dispute may recover attorney's fees, then you could get the attorney's fees back if you win the case. However, it sounds like the case is over and you have lost that case. If that is true, then you will not be able to recover these costs.

Sorry to be the bearer of bad news, but I hope this saves you time in the end. Please let me know if you want to discuss this further or if I have misunderstood any portion of your question and need to readdress.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3817
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I just looked at the document. What I didn't show up for was the case management conference. Plaintiff (related) told me three days ago that I still have time and have not lost the case. On October 31st is the "Default Judgment Proveups." A defendant is not allowed to go there, right? Can he submit anything? (I KNOW YOU ARE NOT GIVING ADVICE :-)).


 


If a defendant cannot go, is the plaintiff obligated, if the defendant delivers by whatever appropriate method, to show a document that contradicts everything they're saying (e.g. they had the cure all along).


They also filed agains me to collect on a note that they have my signature on, but I don't remember getting the funds, and they have no proof of a check or wire transfer. Just a signed note.


 


 


 


They are lying, as they obviously haven't given the court the one document that shows they have had from me since the date of the loan the letter of direction to cure. And the money has always been in their hands.


There's presumed Undue Influence due to family.


They know and wouldn't deny the following statement:


I have ADHD and under doctor's care for severe emotional distress, backed up by blood tests etc, as well as no backup person (e.g. being evicted and have no assistant or other adult). I've got an apartment full of boxes.

Expert:  Zachary replied 1 year ago.
You need to go to every hearing that is scheduled by the court. If there is a "default judgment prove-up", then you definitely need to go to this and object to the default judgment against you. If you cannot go to the hearing, you need to file a Motion for Continuance that shows why you absolutely can't go. However, unless you are going to be in the hospital or have another court hearing which conflicts, you MUST go to all the hearings. You need to contact the court and ask what the hearing dates are. You also need to file an answer with the Court if you have not done so.

If all the things you are saying are correct, then you would be best served by hiring an attorney to represent you. The court system is not built for you to represent yourself, and you are going to continue to be in danger of having a judgment against you if you miss hearings and deadlines.

In short: 1. File an Answer to the lawsuit if you have not already done so.

2. Go to the default hearing and tell the judgment that you are in court and should not have a default issued against you.

3. If they have already issued a default judgment, then you need to ask to have the case reinstated so that you may present your defense.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3817
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 14 other Legal Specialists are ready to help you

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