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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Can you please help us with this. We do not have money for

Customer Question

Can you please help us with this. We do not have money for a lawyer and are being sued for a lot of money. How or what can we do to limit the damage?

Filing Date: 10/30/2012
Case Type: Other Intentional Tor-notPI/WD/PD (General Jurisdiction)
Status: Default Judgment Pursuant to Decl. 05/24/2013
Documents Filed (Filing dates listed in descending order)
06/10/2013 Notice of Entry of Judgment
Filed by Attorney for Plaintiff

05/24/2013 Default Judgment (FOR PLAINTIFF VS. DEFENDANT FOR: $168,731.99 DAMAGES - JUDGMENT SIGNED BY JUDGE SEE)
Filed by Attorney for Plaintiff

05/06/2013 Notice of Case Reassignment & Ord
Filed by Clerk

04/18/2013 Notice (OF WAIVER OF PUNITIVE DAMAGE CLAIM )
Filed by Attorney for Plaintiff

03/19/2013 Miscellaneous-Other (APPLICATION FOR JUDGMENT, STATEMENT OF CASE, DECLARATION OF ROBERT DUARTE, DECLARATION OF ROBERT SCHACHTER, AND MEMORANDUM OF PTS AND AUTHORITIES )
Filed by Attorney for Plaintiff

03/19/2013 Request for Dismissal-Partial (W/O PREJUDICE DOES 1 TO 10, ONLY )
Filed by Attorney for Plaintiff

03/19/2013 Request to Enter Judgment (BY COURT AFTER DEFAULT )
Filed by Attorney for Plaintiff

01/31/2013 Notice-Case Management Conference
Filed by Attorney for Plaintiff

01/31/2013 Notice (OF HEARING ON ORDER TO SHOW CAUSE RE FAILURE TO PROSECUTE ACTION )
Filed by Attorney for Plaintiff

01/24/2013 Default Entered (AS TO DEFT.,)
Filed by Attorney for Plaintiff

01/08/2013 Application-Waive Court Fees&Costs ( denied as to deft )
Filed by Defendant, & Defendant in Pro Per

12/11/2012 Proof of Service (SUMMONS AND COMPLAINT PARTY SERVED: BY PERSONAL SERVICE ON 12/3/12 AT 3:00P )
Filed by Attorney for Plaintiff

11/05/2012 OSC-Failure to File Proof of Serv
Filed by Clerk

10/30/2012 Summons Filed

10/30/2012 Complaint Filed


Case Information | Party Information | Documents Filed
Proceedings Held (Proceeding dates listed in descending order)

05/16/2013 at 08:30 am in Department M, Ramona G. See, Presiding
Court's Order to Show Cause (RE FAILURE TO PROSECUTE DEFAULTJUDGMENT* O/C - DEFAULT JUDGMENT REQUESTFILED *) - OSC Discharged

04/04/2013 at 08:30 am in Department E, Cary Nishimoto, Presiding
Non-Appearance (Case Review) - Completed

01/08/2013 at 08:30 am in Department E, Cary Nishimoto, Presiding
Court's Order to Show Cause - Matter continued
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

Do you remember being notified about this lawsuit sometime between November and December 2012?

Can you explain why you have waited until now to take action?

Also, can you tell me what you are being sued for?
Customer: replied 1 year ago.


We were served with notice in December 2012. We applied to have the fee waived and it was denied. We didn't have the money to take action. A person I worked with with is suing for fraud. As suggested by him, he wrote checks to my name and they were cashed to pay day laborers. He is now stating that the money was taken without his approval. Checks were all signed by him.

Expert:  Zachary replied 1 year ago.
I'm very sorry to hear about this.

Unfortunately, this case is well past the point of defense for you. In fact, the case is over and a judgment has been issued against you.

The only procedure left for you to do at this point is to file a "Motion to Vacate Judgment". But based on what you've told me, there does not seem to be a good basis on which to request the judgment be vacated.

I'm not certain I understand why you were denied relief from the filing fees. Did you not fill out the proper paperwork? If you did, the court tell you why they denied your application?

Is there evidence which is in your favor which would show that you are not liable for fraud? If so, can you explain what it is briefly?

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