Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

California Attorney only .I had a judgment against me, the

Customer Question
judgment was set aside due...
California Attorney only .I had a judgment against me, the judgment was set aside due to sewer service, I still had to answer suit for breach of contract ,case was dismissed without prejudice, I suffered physical, mental, financial distress . All suffering well documented. I need an attorney.
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
6/10/2016
Lawyer: CalAttorney2, Attorney replied 1 year ago
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn of this situation, and I am pleased to learn that you appear to have been able to resolve the underlying issue (the complaint was dismissed).

If I understand your question correctly however, you are looking to sue the plaintiff for bringing the lawsuit against you (as well as for their improper service, etc.).

If my understanding is correct, there is no cause of action against such a plaintiff, and if you were to file such a suit, they would be able to file what is called an "Anti-SLAPP" motion (anti-strategic litigation against public participation) against you, and you would be subject to paying them their attorney's fees incurred in defending against that complaint.

However, if you have a different claim or other causes of action that are unrelated to the actual complaint or service of process, then you may want to look into finding local civil litigation attorneys.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Ask Your Own Legal Question
Customer reply replied 1 year ago
they sued me in Aug 2009, they got a judgment against me in Oct 2009,in Sept 2014 5 yrs later I became aware of the judgment as they levied my bank accounts, judgment was set aside due to sewer service ,a Jane Doe had been served at a previous address all the while they had my correct address and had communicated with me at correct address, the judgment was set aside, monies returned but still had to defend the suit and had to file answer in 30 days ,however SOL ran and had left me with defense. I found some good case law and managed to get case dismissed on Jan 2016 almost 7 yrs later.
I believe they got this judgment based on fraud ,and only moved to satisfy judgment after my SOL had ran .The suit was for breach of contract for a vehicle that I had co- signed for that was dead in my driveway for the same dangerous transmission problem that had been repaired twice and would have met the criteria under the lemon law , I'm self employed and was in the process of rehabbing a house was forced to rent it out lost clients in the process and suffered embarrassment and bounced checks due to the levy, further they found assets (rental income)to go after and lived with the constant threat of levies , garnishments . During the period of Sep 2014 and current day I've been treated for Ulcers, insomnia , depression ,anxiety, all treatments and procedures well documented (endoscopies, sleep studies, phych evals ect).
So no not just upset because someone sued me. I suffered personal injury and financial loss.
Lawyer: CalAttorney2, Attorney replied 1 year ago

Dear Customer,

I am not trying to minimize or ignore the very real impact of having this kind of fraudulent litigation being brought against you.

What I am trying to help you do though is help you avoid potential economic liability (an "Anti-SLAPP" motion carries a mandatory attorney's fees penalty), if you were to sue the plaintiff for bringing a lawsuit against you.

(The focus is on what the basis of liability is, not the damages).

However, if you want to consult with a local attorney they may be able to review your case and possibly identify other causes of action that are not dependent on the actual civil case (or a cause of action that they believe is not going to run afoul of the Anit-SLAPP statute (but be aware, this statutory protection is extraordinarily broad and is likely to encompass almost everything, if not everything that you have identified here).

(You can also file a complaint with the California Attorney General's Office - the AG can investigate the business and potentially take administrative and/or criminal enforcement action against the business - it is unlikely that you are the only consumer they have taken advantage of: https://oag.ca.gov/contact/consumer-complaint-against-business-or-company)

Ask Your Own Legal Question
Customer reply replied 1 year ago
That's what I'm attempting to ascertain here if I have a case or not, of course I can pick up the phone and shop for an attorney that's what I'm trying not to do, I'm trying to get an attorney ,I'm aware of the SLAPP Anti SLAPP statutes ,and your answer just tells me to look for an attorney and file complaints, I was under the impression that an attorney would be able to evaluate my case and hopefully be retained .I'm not satisfied
Lawyer: CalAttorney2, Attorney replied 1 year ago

No, this is a "general information" forum, we cannot provide you with a formal legal opinion of your case (that is the practice of law which we are not permitted to engage in on this forum, and is outside the scope of the disclaimer that both of us agree to when using the site).

But if you are already familiar with the Anti-SLAPP laws, you are going to already readily aware of the significant limitations to any such case that is based on bringing a suit based solely on the conduct and litigation procedures in a prior case (this is basically a "textbook" anti-slapp case). Even if it were to somehow get by, you would still have to deal with the "litigation privilege" (an evidentiary hurdle that is going to make it difficult to prove your case in court).

So, while I can provide you with the most significant hurdles and likely bars to any potential recovery, I cannot provide you with a formal legal opinion (which you would not want on a public internet forum where there is no attorney/client privilege in any event).

Ask Your Own Legal Question
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: Civil litigation attorney for individuals and businesses.

CalAttorney2 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
How can I find a process server to serve civil litigation
Hi how can I find a process server to serve civil litigation papers in Sweden? Please refer some service providers.Thanks,… read more
socrateaser
socrateaser
1,031 satisfied customers
Civil litigation: building contractor, mechanic lien, 2009.
Civil litigation: building contractor, mechanic lien, 2009. Multiple court dates extended, fired my attorney, filed pro se to dismiss for lack of prosecution after 2 1/2 yrs no communication after agr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
I would like to start a civil litigation suit against
I would like to start a civil litigation suit against several large and powerful companies and some personally. Since the election of President Trump, the constant repeating of the white racist is vio… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
I have a civil litigation question. New York. The other
I fired a contractor who took half the payment in advance and then wont show up to work. I asked my money back and he wont give me. I confiscated his tools. Now his actions are making me concern for my safety.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 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
27,451 satisfied customers
How do I amend a civil litigation paper that has already
How do I amend a civil litigation paper that has already been filed but not served? Can I add facts happened after the original filing date in the amendment? In the original filing there is no stateme… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Is it possible to indicate me a list of Civil Litigation
Hello. Is it possible to indicate me a list of Civil Litigation Lawyers who work in the New York area?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
For a civil litigation case that is already in process, the
For a civil litigation case that is already in process, the defendant filed a motion and dropped a copy to my door without actually serving me and mailed a copy to my attorney, is this ok in terms of … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Alright! As a pro se litigant pursuing a personal injury
Alright! As a pro se litigant pursuing a personal injury claim, is it possible to legally sue someone who has established a temporary restraining order againsy you in the State of Hawaii. Therefore, c… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Civil litigation question: I am responding as a pro per in a
Civil litigation question: I am responding as a pro per in a civil litigation matter in state court. Plaintiff has filed a Motion to Strike a Motion filed by me. My question is: Can I cite a Federal D… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I am considering pursuing civil litigation against a person
I am considering pursuing civil litigation against a person and (possible persons) who committed a crime against me and are currently facing criminal charges. How do I select the correct lawyer? … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
In a civil litigation situation, the other side is
In a civil litigation situation, the other side is attempting to subpoena business records from a social media website (third party/non party) that I used, claiming that I used it during a certain per… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have been involved in a civil litigation (federal). My
I have been involved in a civil litigation (federal). My initial complaint in the U.S. District Court for Middle Tennessee was dismissed. I appealed to the 6th Circuit and the Appeals court upheld the… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
Federal Removal Law question: I had ongoing civil Litigation
Federal Removal Law question: I had ongoing civil Litigation in PG County Maryland. I am the only defendant, I reside in Maryland. Multiple Plaintiff's live in other states. I removed the case from St… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
I need a civil litigation attorney I have become a target
I need a civil litigation attorney I have become a target and wrongfully arrested 4 times 2 times charges dismised and now arrested again two times and snatched out my vehicle in the state of Columbia… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
Are you for real? Ct. I'm in a civil litigation. I am the
are you for real? JA: What state are you in? It matters because laws vary by location. Customer: ct JA: Has anything been filed or reported? Customer: yes I'm in a civil litigation JA: Anything else y… read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
I am a defendant in a on going civil litigation matter and
I am a defendant in a on going civil litigation matter and was horrified when the opposition submitted a picture taken of me as an exhibit. This picture was taken without my knowledge or consent. What… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I will be giving a speech on civil litigation from the
I will be giving a speech on civil litigation from the perspective of a businessman. I would like to reference two items:1. When were the rules of discovery changed to eliminate "trial by ambush"? 2. … 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