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Roger, Attorney
Category: Business Law
Satisfied Customers: 31768
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My ex boyfriend is a famous person. One of his stalker fans

Customer Question

My ex boyfriend is a famous person. One of his stalker fans filed a lawsuit for slander/libel causing emotional distress. They placed me on lawsuit and are trying to serve us both. I cant afford lawyers and have no assets. Im thinking just to default on
this . If I answer then I have to pay a lawyer. They requested trial by jury with exceeds $15,000. What could they do to me?
Submitted: 2 years ago.
Category: Business Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'll be glad to assist. You can represent yourself.....there's no requirement to have a lawyer. But, having one would certainly be better for you. That said, if a default is granted against you, then a money judgment for the amount sought would be entered.....and the plaintiff could then try to collect from you -- by issuing wage garnishments, freezing bank accounts, seizing property, etc. Thus, it's usually not a good idea to let a default occur. Maybe you can get your ex to help with the defense costs.
Expert:  Roger replied 2 years ago.
You could file bankruptcy to avoid the judgment lien and obligation to pay the debt, but that's usually not something people want to do.
Customer: replied 2 years ago.
Ive been through this before. Last time it cost me 30 k with lawyers and nine months of stress. The lawsuit is for mental damages and by jury. No money damages on lawsuit but, 15,000 exceeds. Does that mean they can get only 15,000 and dont they still have to prove it before judge before a default judgement? What if they just serve me and not him?
Expert:  Roger replied 2 years ago.
If you don't respond, there's nothing for them to have to prove......failing to respond is the same as you admitting to everything they've alleged.
Customer: replied 2 years ago.
so how much can they get from me? Dont understand. Doesnt the judge decide?
Expert:  Roger replied 2 years ago.
They'd get a judgment for whatever amount they're asking for in the complaint.
Customer: replied 2 years ago.
They just said exceeds 15,000 so it would not be small claims. They gave no money amount in claim. So is it 15,000? I thought a jury decided that.
Expert:  Roger replied 2 years ago.
They'd have to specify an amount.....but a jury doesn't decide anything if you don't answer and a default is entered against you. You'll be found liable without any evidence or testimony....other than what is in the complaint.
Expert:  Roger replied 2 years ago.
IF you answer and defend the case, then they'll have to prove your liability.
Customer: replied 2 years ago.
Ok it says..This is a action for damages that exceed 15,000.00, exclusive of interest and cost.
Thats all it says about money.
Expert:  Roger replied 2 years ago.
Ok. In that case, when they enter the default judgment, the plaintiff may have to present an affidavit or testimony to the judge about what they claim you owe......but they'll get practically whatever they want since you're not there to contest it.