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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4816
Experience:  Experienced in both state and federal court.
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Hello, I am trying to appeal a default judgement against me

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Hello, I am trying to appeal a default judgement against me in NJ. It has been over 6 months since the judgement has been made against me. I was never allowed to present my defense because the plaintiff (lawfirm) fought very hard to suppress my evidence. I was told by a lawyer that the judge has the right to overturn this judgement in the pursuit of justice. I am just trying to figure out if I have any options or if there is a motion I can make
to even have my arguments heard at this point?

TexLawyer :

Good evening. I'll be assisting you with your question.

Customer:

good evening

TexLawyer :

So, you tried to enter certain evidence, but the judge kept it out on legal grounds?

Customer:

yes sir exactly I even have a copy on CD of the hearing where I clearly express to show him evidences

Customer:

and the judge just won't allowed me to do so

TexLawyer :

Why didn't you appeal directly after the judgment was entered?

Customer:

I have tried numerous time before and after the last judgement I just felt defeated and that the law and justice is only for ppl with money

Customer:

the reason why I did not had a lawyer was because I was unemployed at that time, I was not able to afford one

TexLawyer :

OK.

TexLawyer :

What you are asking for is an out of time appeal. There is a limited amount of time a person has to appeal a judgment after the judgment is entered. As you might imagine, you are well beyond that amount of time.

TexLawyer :

The vast majority of out of time appeals fail because the person seeking it does not have a justifiable reason they did not appeal within the prescribed time period. A lack of money to pursue the appeal is not enough reason. At this point, the judge will not be looking at the case yet, but the reason you failed to exercise your right to appeal when you should have.

Customer:

Yes I am aware of that. Recently after I tried one last time to enter an "object to writ"; now the plaintiff is trying to levy and with hold any source of income from me and at the moment my only income is my work compensation check due to an accident at work.

TexLawyer :

An objection to writ is different than an appeal. Your only hope is to file a motion asking for an out of time appeal and hope whatever reasons you have are sufficient for the court. Generally, to get an out of time appeal, there must be "extraordinary" circumstances that prevented you from filing within the 45 days as you should have. Without knowing all the details of your case, it is hard for me to say if you meet that, but I can tell you that "extraordinary circumstances" is a high burden to meet.

Customer:

lol

TexLawyer :

Usually it comes up when an attorney fails to inform someone of their appellate rights, there was some sort of corruption in the trial that can be proven, or new evidence has come to light.

Customer:

i guess extraordinary says it all

Customer:

ok that sounds pretty accurate

TexLawyer :

While I can't tell you if you will be granted an out of time appeal, I can tell you that they are rarely granted.

TexLawyer :

Courts place a high importance on finality of judgments so parties know when their case has come to an end.

Customer:

I have few proves of court dates that were changed with out me being notified, which is when the original judgments were made against me. I also have proves of me showing to court after have received few notices, and then the court date was not scheduled, is that valid evidences? As I mentioned earlier I even have a copy of the transcripts where I wasn't given the right to show cause, would these help me in showing causes?

TexLawyer :

Yes, that would all be helpful. Still, the question you would have to answer is why you did not file an appeal within 45 days of the judgment. All the things that happened prior to judgment are only important if they explain that.

Customer:

well when I went to the clerck I was told that there is noting else that I could have done

TexLawyer :

OK. I can't really address what the clerk told you. Keep in mind, however, that they are not lawyers and cannot give out legal adivce.

Customer:

oh ok...so let me ask u this, because I was not aware of the correct procedures, as well as me asking individuals such a clerk, it is considerate my fault? I will also like to mentioned that after the last judgement, I have contacted a law firm, but they did not give me any answers, nor advise. Can this law firm be addressed?

Customer:

again I have paper proves of all of this

TexLawyer :

Yes, it would still be considered your fault.

TexLawyer :

Not knowing the law is not a defense. Also, unless you retained the law firm to handle your appeal, you can't hold them responsible, either. Simply contacting them does not obligate them to inform you of your legal rights and give you legal adivce.

TexLawyer :

I'm sorry for the bad news, but I have to be as honest as possible about your case.

Customer:

right not knowing the law it is not a defense, but an individual whom it not a lawyer can not be expected to talk like a lawyer or have a 10 minutes long open statement. I had express the judge that I had proves and that I was able to show the case in paper, and he just disregard all my exhibits such as prove of payments, correspondences and proves that basically I was a victim of a scam/fraud

Customer:

i appreciate your honesty, but as right now you have been able to help me and direct me better that other people have in the pass

TexLawyer :

What you are talking about is the merits of your case. The court won't even get to that stuff unless you justify an out of time appeal, which is very difficult to prove.

Customer:

ok

Customer:

one more thing

TexLawyer :

Sure.

Customer:

would I be able to fight the plaintiff from with holding my wages, which again I don't have anything

Customer:

i received notice of their application today

TexLawyer :

All they have to prove is that there is a judgment against you, and that it is not yet paid off.

TexLawyer :

Preventing the execution of a wage garnishment is very difficult. The rules allow the winner of a lawsuit to execute on that judgment.

Customer:

so basically I'm never going to be able to show that In reality and actuality I do not own any money?

TexLawyer :

At this point, that sounds like it may be very difficult.

TexLawyer :

Again, I'm sorry for the bad news.

TexLawyer :

Delivering bad news to customers about their legal matters is honestly the worst part of my job.

Customer:

not your fault I only wished I would have had these info before

TexLawyer :

I'm glad you understand.

Customer:

too bad you are in texas

TexLawyer :

I agree.
If there isn't anything else I can do for you, please remember to "rate" my answer.

Customer:

I will. one more thing my fiancee is at work right now he is the one whom actually contacted u, would I be able to chat with u again,

TexLawyer :

Sure. You can reach me through my profile, here: http://www.justanswer.com/law/expert-texlawyer/

Customer:

thank you very much

TexLawyer :

Glad to help.

TexLawyer :

If I can't do anything else for you tonight, please remember to "rate" my answer. Good luck.

Customer:

i will thank you again good night

TexLawyer :

Great. Have a good night. Also, this chat will always be accessible through your profile.

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