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2 years ago i was doing yardwork for a couple. Another man…

2 years ago i...

2 years ago i was doing yardwork for a couple. Another man was also working for them, under my supervision. He got hurt, and asked them to pay his med bill. They did not. I was angry w them for that and quit. They told me he sued them, and I have heard nothing since then until a letter from his attorney for a "entry of default", (listing me along with the couple as a defendant!), was sent to my ex- wife, who lives at her friend's house, where I've never lived. I only got the letter because my daughter was visiting her when it came. What should i do? Should I call this attorney to explain the real situation?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

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

All I know about is this letter, which was evidently filed in Shasta County.

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

This man was not working for me, but for them. I was not contracting for them, only working at an hourly rate. I have been unemployed for the last six months, and don't even do that kind of work anymore.

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Answered in 5 minutes by:
3/9/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,786
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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Good morning. A default is entered when a party fails to respond and appear and if the reason you failed to do so was a result of notice and service being at the wrong address, you have a basis to vacate this and contest it. If you are a defendant and a judgment was entered, you could be liable for damages and need to contest this and dispute it, if you were not involved and this had nothing to do with you. You have a right to be heard and to contest this but first need to vacate the default and contest service and ask that this be decided on the merits. I have shared a link below that shares how to do this.

http://www.fizzlaw.com/article/how-to-vacate-judgment-in-california/

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Customer reply replied 5 months ago
Thank you. I read that article and it sounds like section 473.5 would be the one pertaining to my situation. Do you agree? If so, how do I go about vacating this default, and how much would it usually cost? What happens after it's filed? Thanks!

You are welcome. Yes, it should be. Once vacated, you would be given a chance to respond and answer to the lawsuit and raise any defenses which you may have, to it. As far as cost, an attorney may charge a retainer of $2000+ to start the case and bill at an hourly rate, to defend this but if you prevail, you may be awarded attorney fees. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 5 months ago
Thanks for your response. Is it possible to pay to file to have it vacated without having to end up defending it, since it has nothing to do with me? Also, is this something you or other on-line legal services could do?
Customer reply replied 5 months ago
is it okay to call his attorney?

The site does not provide legal representation. You can call his attorney to try and resolve this and sort it out and the goal would be to have the judgment / default vacated and they agree to dismiss the case, if you should not have been a named party to this and have nothing to do with it.

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Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,786
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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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.

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