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I sold my house and used a different real state company from the one that originally fail to sale the house with 2 extentions to their contract, now they have file a sue in court and my mother ignores the notices, now we have a judment against them. how can I handle this in court? is there a way to file a appleal to the court? they are requesting an assest discovery meeting at their attorney's office. We paid the commison that was due to the new real state company one thing in common was that one of the prospects that the first company had bought the house? please advice

Submitted: 24 days and 21 hours ago.

Category: Legal

Value: $18

Status: CLOSED

State/Country relating to Question: Florida

Already Tried:
well they had a deposition today 10-28-09 and I requested to have a new date for the deposition. my mother gave me the stack of papers and she said help? now I'm requesting for some advice on how to procced

Posted by INFOLAWYER 24 days and 21 hours ago.

Answer

If the judgment entered on default, the judgment debtor can go to court and make a motion to vacate on basis of having a defense. As for the merits of the defense, if it did not perform and did not have an exclusive contract, those are 2 defenses to payment. Often this is resolved byt negotiating a reduced fee if there was a contract obligation.

24 days and 21 hours ago.

Reply

so to be clear if I get an attorney now would that over turn the judment? I really do not want to paid commision twise? their contract was expired, the buyer had fire them as well for extortion of fees?

Posted by INFOLAWYER 24 days and 21 hours ago.

Answer

It depends on the contract. If you signed an exclusive contract and then used someone else you could be liable twice, but if there is no exclusivity or if you fired them because of bad service and improper fees, then you can use a lawyer to challenge it or negotiate a reduced fee.

24 days and 21 hours ago.

Reply

Sorry for the insistance but their contract with us was expired, what about the judment can I get an appeal from the court?

Posted by INFOLAWYER 24 days and 21 hours ago.

Answer

If it expired, then I see no basis for their claim for fees and your argument now is much stronger for vacating their claim. Rather than appeal that is costly and expensive, if you go to court the pro se clerk can help make a motion to vacate it based on the defenses discussed and lack of notice.

24 days and 20 hours ago.

Reply

would you suggest for me to get consul assistance at the deposition

Accepted Answer

I think it is a good idea and also in seeking to negotiate a settlement. Kindly accept my answer. www.lawyers.com is a helpful directory if you choose to retain one.

Accepts:
Expert:	INFOLAWYER
Pos. Feedback:	97.0 %
Answered:	10/28/2009

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State/Country relating to Question: Florida

Already Tried:
well they had a deposition today 10-28-09 and I requested to have a new date for the deposition. my mother gave me the stack of papers and she said help? now I'm requesting for some advice on how to procced

Answer

Reply

so to be clear if I get an attorney now would that over turn the judment? I really do not want to paid commision twise? their contract was expired, the buyer had fire them as well for extortion of fees?

Answer

It depends on the contract. If you signed an exclusive contract and then used someone else you could be liable twice, but if there is no exclusivity or if you fired them because of bad service and improper fees, then you can use a lawyer to challenge it or negotiate a reduced fee.

Reply

Sorry for the insistance but their contract with us was expired, what about the judment can I get an appeal from the court?

Answer

If it expired, then I see no basis for their claim for fees and your argument now is much stronger for vacating their claim. Rather than appeal that is costly and expensive, if you go to court the pro se clerk can help make a motion to vacate it based on the defenses discussed and lack of notice.

Reply

would you suggest for me to get consul assistance at the deposition

Accepted Answer

I think it is a good idea and also in seeking to negotiate a settlement. Kindly accept my answer. www.lawyers.com is a helpful directory if you choose to retain one.

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Have your own Legal question?

Related Law Topics:

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Optional Information

State/Country relating to Question: Florida Already Tried: well they had a deposition today 10-28-09 and I requested to have a new date for the deposition. my mother gave me the stack of papers and she said help? now I'm requesting for some advice on how to procced

Answer

Reply

so to be clear if I get an attorney now would that over turn the judment? I really do not want to paid commision twise? their contract was expired, the buyer had fire them as well for extortion of fees?

Answer

It depends on the contract. If you signed an exclusive contract and then used someone else you could be liable twice, but if there is no exclusivity or if you fired them because of bad service and improper fees, then you can use a lawyer to challenge it or negotiate a reduced fee.

Reply

Sorry for the insistance but their contract with us was expired, what about the judment can I get an appeal from the court?

Answer

If it expired, then I see no basis for their claim for fees and your argument now is much stronger for vacating their claim. Rather than appeal that is costly and expensive, if you go to court the pro se clerk can help make a motion to vacate it based on the defenses discussed and lack of notice.

Reply

would you suggest for me to get consul assistance at the deposition

Accepted Answer

I think it is a good idea and also in seeking to negotiate a settlement. Kindly accept my answer. www.lawyers.com is a helpful directory if you choose to retain one.

Related Legal Questions

State/Country relating to Question: Florida

Already Tried:
well they had a deposition today 10-28-09 and I requested to have a new date for the deposition. my mother gave me the stack of papers and she said help? now I'm requesting for some advice on how to procced