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Damien Bosco
Damien Bosco, Attorney
Category: Business Law
Satisfied Customers: 2706
Experience:  Helping you with your legal questions.
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I was involved in one civil case related to company I

Customer Question

hello I was involved in one civil case related to company I was a partner of. Company fall apart and I have been receiving court orders to my name dba the company. It was regarding payment to contractor that abandon the project. I ignored the correspondence and forwarded to another business partner that was responsible for this project. The case has been on since 2012 and i got civil case in georgia state court. There was hearing scheduled it says rule nisi on July 20 2015 that i didn't show up to as I thought its related to the company. I met with my business partner today to review all the papers to put the end to this civil case and read through motion for sanctions section. I read one point saying contractor lawyer prays for that court hold me in contempt and order my incarceration until such time as i respond to post-judgment etc.
I'm going to check with few lawyers tomorrow to take the case but would like 2nd opinion. The company wasn't DBA as all papers say but partnership. I don't understand why i'm the only one receiving correspondence. That contractor left the project in the middle of job because he had another project. We made it through this project with big losses. We agreed to settle with that contractor for certain amount but he decided to go to court. I believe we have to try to reverse the ruling of court as was never owned as much as he claims. Since our company fall apart no one was able to attend court and he got default judgments. I got worried reading the point about incarceration, hearing already passed. Not really sure how to proceed. I'm afraid I can get arrested for not responding now. I will check with lawyer tomorrow but what's the normal turn around time from hearing to judgment for incarceration. Can police arrest me anyday since I didn't show up to that hearing on July 20? Please let me know
Submitted: 2 years ago.
Category: Business Law
Customer: replied 2 years ago.
my civil action nr is 14-c-05689-3 in gwinnett county GA, some info can be looked up online on gwinnett county court website.
I'm looking for someone that could respond to it and represent me in court.
Customer: replied 2 years ago.
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Expert:  Damien Bosco replied 2 years ago.
In all probability you would not be arrested since that is a drastic measure. Procedurally, if you wanted to appear in the case after defaulting, you would generally make a motion to vacate the default judgement. The argument you make in your question may be valid, but you never made the argument in court so the court never heard it. Of course, paying what is due in the judgment would prevent a contempt or arrest also. But if you do not want to pay, you have to attempt to vacate the judgment. Your lawyers will be about to explain more.