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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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On Nov 14 2005 I won a default judgement on a civil law

Customer Question

On Nov 14 2005 I won a default judgement on a civil law suite without an set amount on damages. I was incarnated at the time of judgement. Got out in December of 2005 and have been trying to get my case back in court to get the monetary amount set. I have been in front of three different judges on this cause and all three state that I need to get a lawyer for the case, I tell them that I have won the case and only need the damage amount set but they don't want to hear that part. So what to do now to get my case in front of a judge without having to pay a lawyer my money that was taken from me in the first place.
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

The best way to approach this issue (short of hiring an attorney - which I understand you not wanting to do, I wouldn't either), is to file a petition in the court that issued the judgment to set the amount of damages. It does not matter if you are in front of one of the same judges and it does not matter if the outcome from that judge is the same. The petition needs to be filed and you need to request a hearing on the matter.

The judge will likely dismiss your petition, as it seems has already been the case. When he or she dismisses your petition, you can then file an appeal for the ruling and get this before a higher court. You need to request a hearing on the merits of your petition on appeal as well. The objective will be to get the appeal court to either set the damages or to remand this back to the court you appealed from with the specific order to that court to set the amount of damages associated with the judgment.

So, file your petition and try to get a hearing. When they rule against you appeal with the idea being to get the appeal court to set damages or remand to the court ordering them to do so.

Let me know if you have any other questions or comments.

Please also rate my answer positively (4 or 5 stars) so that I can receive credit for my work.

Thanks!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking in with you to see if you had any additional questions. I want to make sure you are as comfortable as possible as you move forward. Thanks!