Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

This involves the same parties and transactions as the prior

question about curing. If the plaintiff...
This involves the same parties and transactions as the prior question about curing.

If the plaintiff (related) had undue influence over the defendant that led the defendant to spend $150,000 over several attorneys to answer questions Plaintiff had (Plaintiff just won't stop), which caused signifiant financial issues and also caused the defendant to "miss" dates including showing up at court for the very complaints we're talking about -- is there a way to get damages at least to all costs?
Show More
Show Less
Ask Your Own Legal Question
Answered in 24 minutes by:
10/29/2012
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
Thank you for your question.

The fact that the defendant was relying on the plaintiff to be informed of the court dates instead of keeping up with the court dates by contacting the court will likely not lead to any avenue for recovery on costs. Each litigant has a responsibility to remain informed as to the dates of hearings and court proceedings. On the other hand, if the plaintiff specifically misinformed the defendant of the court dates, by sending a false notice, this could result in a reversal of the judgment on appeal if an objection was lodged in a timely manner before the trial court.

In regard to extensive discovery costing the defendant $150K in attorney's fees, this may be recoverable. The American system requires that each party bear their own attorneys fees in most situations. However, you mentioned that this is a breach of contract case. If the contract provides that the prevailing party in a dispute may recover attorney's fees, then you could get the attorney's fees back if you win the case. However, it sounds like the case is over and you have lost that case. If that is true, then you will not be able to recover these costs.

Sorry to be the bearer of bad news, but I hope this saves you time in the end. Please let me know if you want to discuss this further or if I have misunderstood any portion of your question and need to readdress.

-ZDN
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 5 years ago

I just looked at the document. What I didn't show up for was the case management conference. Plaintiff (related) told me three days ago that I still have time and have not lost the case. On October 31st is the "Default Judgment Proveups." A defendant is not allowed to go there, right? Can he submit anything? (I KNOW YOU ARE NOT GIVING ADVICE :-)).


 


If a defendant cannot go, is the plaintiff obligated, if the defendant delivers by whatever appropriate method, to show a document that contradicts everything they're saying (e.g. they had the cure all along).


They also filed agains me to collect on a note that they have my signature on, but I don't remember getting the funds, and they have no proof of a check or wire transfer. Just a signed note.


 


 


 


They are lying, as they obviously haven't given the court the one document that shows they have had from me since the date of the loan the letter of direction to cure. And the money has always been in their hands.


There's presumed Undue Influence due to family.


They know and wouldn't deny the following statement:


I have ADHD and under doctor's care for severe emotional distress, backed up by blood tests etc, as well as no backup person (e.g. being evicted and have no assistant or other adult). I've got an apartment full of boxes.

You need to go to every hearing that is scheduled by the court. If there is a "default judgment prove-up", then you definitely need to go to this and object to the default judgment against you. If you cannot go to the hearing, you need to file a Motion for Continuance that shows why you absolutely can't go. However, unless you are going to be in the hospital or have another court hearing which conflicts, you MUST go to all the hearings. You need to contact the court and ask what the hearing dates are. You also need to file an answer with the Court if you have not done so.

If all the things you are saying are correct, then you would be best served by hiring an attorney to represent you. The court system is not built for you to represent yourself, and you are going to continue to be in danger of having a judgment against you if you miss hearings and deadlines.

In short: 1. File an Answer to the lawsuit if you have not already done so.

2. Go to the default hearing and tell the judgment that you are in court and should not have a default issued against you.

3. If they have already issued a default judgment, then you need to ask to have the case reinstated so that you may present your defense.

-ZDN
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask TexLaw Your Own Question
TexLaw
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Lead trial/International commercial attorney licensed 11 yrs

TexLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a breach of contract against me that began according
i have a breach of contract against me that began according to the paperwork 08/12/04 … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,218 satisfied customers
I received a summons for breach of contract with Lowes
I received a summons for breach of contract with Lowes credit card. My income is Social Security, I am 64. My husband is not on the contract, but is 76 years of age and is also on Social Security and … read more
John
John
Attorney
Doctoral Degree
5,768 satisfied customers
I have someone who breached their contract by breaking an
Hello, I have someone who breached their contract by breaking an NDA and I am trying to find out if the evidence I have is enough to bring charges against them. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
I am being sued for breach of contract by a financial
I am being sued for breach of contract by a financial advisor who has sent me an a time list of "extra services he has performed that,he claims, outside his contractual fees. He is suing me for $33,00… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
How can I resend a deed do to breach of contract and fraud?
How can I resend a deed do to breach of contract and fraud ? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am being sued for breach of contract but i did not breach.
I am being sued for breach of contract but i did not breach … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
I had a breach of contract with a venue, they did not want
I had a breach of contract with a venue, they did not want to host my event again despite having a paid in full contract with them months prior to the event date---i want to take them to small claims … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a breach of contract action in progress that requires
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting erro… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
How do I defend myself againt a breach of contract claim for
how do I defend myself againt a breach of contract claim for a cash advance due to hardship? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
I have a breach of contract action in progress that requires
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting erro… read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
I have a breach of contract action in progress that requires
I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting error and has made c… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
The attorney for the defense, in a breach of contract civil
The attorney for the defense, in a breach of contract civil suit, while talking to the pro se plaintiffs admitted that his client did in fact breach our contract. What can the pro se due with this adm… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
I had a breach of contract from my apartment complex giving
I had a breach of contract from my apartment complex giving out my info to inmates at a jail I work at and I fear for my safety because the inmates know where I live, what can I do. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,637 satisfied customers
I need an attorney to file a Breach of Contract against
I need an attorney to file a Breach of Contract against Cigna Insurance Co. It is NOT a Medical Malpractice. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
If someone sues me for a breach of contract and they are
If someone sues me for a breach of contract and they are trying to add up debatable if not erroneous monies indirect of the contract (like pain and suffering, missed vacation etc) they want to recover… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
Need help with breach of contract. Individual versus
Need help with breach of contract. Individual versus bisiness … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I'm being sued for Breach of Contract (auto repo). Is it
I'm being sued for Breach of Contract (auto repo). Is it beneficial to hire a lawyer? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
For breach of contract is there any way to file a suit if
For breach of contract is there any way to file a suit if only a verbal contract is in place? If significant damages to a property (home) are provided and financial loss? Witnesses too? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x