How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5028
Experience:  Attorney with significant and substantial experience in multiple areas of law.
54899578
Type Your Legal Question Here...
Joseph is online now
A new question is answered every 9 seconds

I filed a default judgment and it got denied by the judge.

Resolved Question:

I filed a default judgment and it got denied by the judge. what do I do next.
Submitted: 11 months ago.
Category: Legal
Expert:  Joseph replied 11 months ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name is XXXXX XXXXX my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.


To clarify, you have already obtained a judgment against the mother of the child?

What did you serve a summons for then? Was the error in the name the only thing that the judge cited in denying your default judgment?
Customer: replied 11 months ago.

whole story, 8years ago the minor, briggette received stolen goods while 3 of her minor friends burglarized my house. during the last 8 years, I had four lawyers. all other parent were stated by name in the original judgment made by the judge and it was stated the briggette and parent(s) were also named in the suit. all other parents paid. just garnished briggettes wages after 8 years. it seems like the suit against her mother fell through the cracks somehow. in the first 2 years, two different attornys attempted to get the mother into court via certified mail. it is unsure for one hundred percent if she actually accepted any of the certified mail. I attempted to get more information for the previous lawyers but papers lost etc. the point is that the judgment still stated the parent(s) of briggette and several lawyers told me that the specific name did not need to be spelled out. I sent her a letter last month giving her a summary of the last 8 years and that I intended to go all the way for the five thousand dollars that is allotted for the parent to pay due to a minor child being involved in a burglary. she responded to me via the phone and said she wanted her day in court and that she was not going to pay for her daughters mistake when she was a minor. so , I sent her a summons to appear in court through the clerks office to see how she was going to pay and she did not respond in the allotted 23 days.so I filed a default judgment which was denied stating that I would have to hire yet another lawyer to file suit specifically against the mother. I represent myself now. I thought I was following the procedures of civil law and the clerks office seemed to go along with the way I was handling the procedure. I know that they do not offer advise etc. but they have been semi helpful. help rosie

Expert:  Joseph replied 11 months ago.
Hello Rosie,

Thanks for the additional information. I will get back to you shortly.
Customer: replied 11 months ago.


I had an additional thought. back when this first happened, some 8 years ago, I bet that they , the court or the lawyers did not know specifically briggettes parents names for some reason. wild notion, I agree. but, during my own discovery, I found out that when briggette was born, that her father was already married, to someone else of course, for the previous two years and had not gotten a divorce from that person for at least 2 years after briggette was born. she was born in 1990 and the father was married to another woman in and about 1988 and I looked up the divorce records and couldn't find any through 1994. I found the marriage certificate of the father with the first woman. I had contacted the father as I was going to name him in the lawsuit and it was to be paid 2500 a piece per what the law stated, the total of the parents of a minor child can not exceed 5000, so 2500 a piece but he, the father, wrote back and said that when his daughter was born, the mother claimed full custody of the child. I am not privy to any records concerning parental rights, child support etc. but from what I have gathered so far, was that the father didn't pay child support or have anything to do financially with the child. he also stated that his daughter knows that she will be paying on the judgment for a long time since it totaled around 45,000 dollars and I just now, a month or so ago, got her wages garnished successfully. hope this sheds some light on the matter. I still think that since it stated "parent(s)" of briggette in the suit along with the other specific names of the minors and their parents that it should still be binding. records are not abundant in the previous years on the communication between the mother and the father of briggette, but I stiil think that as long as a judgment was made that it should be binding. I don't know why this particular minor and parent combination fell through the cracks after all these years, the case has a lot of defendants and was complex as that has been stated by a lot of judge's and lawyers as well. regardless, there is not a time limit on the payment as long the there was a judgment already which there was. that is my understanding.


summary, briggette, minor received stolen property. all other minors have been sued and either can not pay yet or are in prison. all other parents of the minor children have paid the 5000 dollors except one parent in which a deal of a lump sum of 3000 dollars was accepted. in the suit, all parties names were named specifically along with the parents names except for the names of the mother and father of briggette. her name was in the suit specifically named with the last name of hers being after the father. I do not know why it just read parent(s) but that is what I am dealing with. that is my last thought, thank you rosie

Expert:  Joseph replied 11 months ago.
Hello Rosie,

There has already been a judgment that has been made against Bridgette's mother, so it isn't necessary to make a default judgment against her.

What you need to do is to seek to enforce the judgment against her through having her wages garnished or otherwise attaching her personal property to satisfy the judgment.

If you were to file suit separately against her, it would be time barred, since the events for this occurred eight years ago. Honestly, I am not sure why you didn't get your money back through court ordered restitution, as it seems that everyone was caught who was involved in the theft. The judge is likely suspicious since it has been eight years and the original judgment did not state the mother's name.

The judge is correct that a judgment needs to clearly identify someone to be enforceable. However, it seems that if you can provide the name he would possibly reconsider.

What it appears you did was enter a default judgment on something that is not a case. You just subpoenaed her response. In order to get a default judgment you would have to file suit against her directly and then have her not show up for court in order to obtain a default judgment, but again this is unnecessary since you already have a judgment that can be enforced against her.

The judge, however, is incorrect that you'd need a lawyer to do this. You can file in small claims court for the amount due.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Customer: replied 11 months ago.


thank you for your time with me. I have more questions. my next step should be to specifically file what papers and with the same civil court and judge??? I know that I can't correspond with the judge as that would be ex-parte, correct?? how can I let him know that I have found this information out that the mother is lesia and that the first 2 lawyers wrote her letters with her name on them, certified. I would think that that in itself would be enough for the judge to know that this lesia was kinown to be the mother of briggette even though it was listed as the parent in the lawsuit. rosie

Expert:  Joseph replied 11 months ago.
Hello Rosie,

You need to file a motion to enforce the judgment in the same civil court with the same judge. You can inform the judge in that motion that you know the mother's name and that the lawyers wrote the letters with her name.

You can correspond with the judge. You would just need to send a copy of the correspondence to the defendant at the same time, although I doubt ex parte communications would be an issue if you are just informing the judge about these facts.

Expert:  Joseph replied 11 months ago.
Hello Rosie,

Here is some additional information regarding enforcing monetary judgments in Indiana:

http://www.in.gov/legislative/ic/2010/title34/ar55/ch1.html
Customer: replied 11 months ago.

I got your last answer about the web site. did you receive my last question to you about the form???? rosie

Expert:  Joseph replied 11 months ago.
No, I did not. But, honestly, there's no form for this that is available online.
Customer: replied 11 months ago.

my question was this: I can type my own form as long as I know the heading of it like Default Judgment or Rule to Show Cause. the clerks office no longer gives out forms. sometime I can get them through the library , otherwise I have winged it so to speak and then have followed other examples of cases that I might have. I know what to put into the motion and what paperwork to attach to the motion , I just need a title for the motion to file. Would it be something like An Amended Motion for my specific cause number in response to his denial of the default motion??? desperately need more or your help. so grateful for all the information that you are supplying me with now and I thank you. rosie

Expert:  Joseph replied 11 months ago.
No, you'd be filing a motion to enforce the judgment to get the judgment enforced.

If you want to add her name, you would file a motion to amend regarding the specific case number.

I wouldn't suggest mentioning the denial of the default judgment in your other motion.

Hope this all helps!
Customer: replied 11 months ago.

ok. let me see if I have this. first, I will file a motion to amend my specific case number XXXXX adding her name.


then I need to file a motion to enforce the judgment to get the judgment enforced. How do I name this motion??? Motion to enforce case number XXXXX and such??? help rosie

Expert:  Joseph replied 11 months ago.
Yes, you should first file the motion to amend and then a 'motion to enforce judgment' (with your case information). The motion is actually just called a motion enforce judgment, but then you reference the case number XXXXX the front page to the motion.
Expert:  Joseph replied 11 months ago.
See the format here:

http://www.in.gov/judiciary/files/motion-dismiss.pdf
Customer: replied 11 months ago.


thank you for this next website. I am very grateful. did you get my last question about the defendant getting out of prison and the possible motion for Rule to XXXXX?? rosie

Expert:  Joseph replied 11 months ago.
No, I didn't receive that.
Customer: replied 11 months ago.

one of the defendants will be getting out of prison this next month and he already has a judgment against him of 14,000 dollars. previously, one of the attorney's filed a Rule to Show Cause against yet another defendant within a month of getting out of prison on an unrelated cause as with the first defendant that I mentioned. should I follow suit and file the same thing?? I feel a little silly in doing so as if I do get this guy in court in response to this motion I know that his answer will be that how in the heck does he know since he just got out of prison. or is this a way for me to get some information from him as to his address after prison and his phone number and his plans for employment??? don't know what I should do???? rosie

Expert:  Joseph replied 11 months ago.
Hello Rosie,

This is really a separate and new question, so it needs to be asked as a separate question according to JustAnswer policy.

I would be happy to answer the question for you here, but unfortunately the site rules require that it must be posted as a new questions.

Thanks!
Customer: replied 11 months ago.

Thank you anyway, I thought that might be the case. I really appreciate all your help, caring, answers, information and I feel that you went the extra mile on this case for me. you were definitely worth the money!!!!!!!!!!!!


again thank you rosie

Expert:  Joseph replied 11 months ago.
Thank you Rosie!

Please remember to rate my answer positively so I get credit for my work!

And please request me directly for your other question!

Thanks!
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5028
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 4 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions