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I need to appeal a civil court case thqat was won by

Customer Question
I need to appeal...

I need to appeal a civil court case thqat was won by default

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Ga

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

N

Submitted: 7 months ago.Category: Legal
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Customer reply replied 7 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 7 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 3 minutes by:
12/13/2017
Lawyer: LegalKnowledge, Attorney replied 7 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,310
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 7 months ago

Why was a default entered and why did the defendant fail to appear?

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Customer reply replied 7 months ago
we need to do a phone from the beginning
Lawyer: LegalKnowledge, Attorney replied 7 months ago

You can request it.

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Customer reply replied 7 months ago
I only have 1099 lwft in my account
Lawyer: LegalKnowledge, Attorney replied 7 months ago

Customer service can assist. I do not have access to that information and am a user like yourself.

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Customer reply replied 7 months ago
hold on
Lawyer: LegalKnowledge, Attorney replied 7 months ago

Ok

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Customer reply replied 7 months ago
ok I filed a lawsuit vs my landlord rsa22000 in chatham civil state court and they did not answer with in 45 days and a default hearing was set by the judge for dec 4th on the dec 1st defendant answered late so when I showed up at the hearing the defendant showed up late and the judge said that he excepted their late answer and said they weren't properly served with any detail he said I needed rsa enterprises with llp at the end instead rsa enterprises and that the sherfff messed up the service of entry but then amended the llp and set for trial to still happen in 6months I need how to appeal this and what court a what to say
Lawyer: LegalKnowledge, Attorney replied 7 months ago

What is your basis to appeal? Do you think the Judge was wrong in their interpretation of the law and what was allowed?

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Customer reply replied 7 months ago
its got to be 45 days to state either and anything I called and the service entry went to ***** ***** and she said they have no legal rep and that is the right place
Lawyer: LegalKnowledge, Attorney replied 7 months ago

Even if a default was entered, it could still be vacated, upon the showing of good cause and that there is a legal basis to support it. By that, I mean if they argue they did not respond because of an issue with service, the Judge may vacate the default and allow them to file their answer and any defenses which they may have. A Judge should decide matters on the merits, whenever possible, so if that is the case here, you could try and appeal but still end up being back in the same spot, whereby you need to go to trial and defend this if the default was entered. You can try and appeal it and need to show the Judge failed to follow the law.

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Customer reply replied 7 months ago
chatham civil court state
Lawyer: LegalKnowledge, Attorney replied 7 months ago

What about it?

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Customer reply replied 7 months ago
its served proper they filed an answer at all
Lawyer: LegalKnowledge, Attorney replied 7 months ago

If they failed to respond and found out there was a default, they could still try and vacate it. That would not mean that the case was over and you won and they could come back and explain to the Judge, why they failed to answer and raise any defenses. If they show good cause this would be granted and you would have to fight this. You can appeal but it is complicated, timely and costly. As I shared, you may invest in it and win but end up back in the same situation.

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Customer reply replied 7 months ago
they showed they had the served lawsuit by late answer no file for relief you have file relief first then answer
I need to know where to file a appeall and what to say
Lawyer: LegalKnowledge, Attorney replied 7 months ago

As I shared, you need to state the basis for which you believe the Judge was wrong and what the law requires and allows and how the Judge failed to follow it. You would need to show that they were properly served and failed to respond and they should have never been allowed to answer it.

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Customer reply replied 7 months ago
I need you to type an appeal for and the correct court to give it to
Lawyer: LegalKnowledge, Attorney replied 7 months ago

I am sorry but writing an appeal is outside the scope of the site and what it provides. Writing an appeal could take days and the cost would be in the thousands, once all is said and done.

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Customer reply replied 7 months ago
I need the correct court information and what to say to answer question
Lawyer: LegalKnowledge, Attorney replied 7 months ago

I am going to opt out as I am not able to write an appeal for you. Another expert may be able to assist, so please allow time for someone to respond.

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Customer reply replied 7 months ago
ok
Customer reply replied 7 months ago
I am waiting
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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).

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