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Someone sued me for a dog bite, i was living out of state…

Someone sued me for...

Someone sued me for a dog bite, i was living out of state when i was ordered to go to court, there was judgement againt me because i did not recieve letter until a year later, can i appeal that judgement

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

It happened in Mass, the dog was not mine but the house was mine.

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

No, he only went to the hospital, no police report

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

The judge granted him 40, 0000 that i do mot have, can i appeal it.

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Customer reply replied 4 months ago
Some came in the yard with a beware of dog sign claims he did not see sign, got bit by dog not my dog but tenants dog but i was sue, did not know about it intil i came to visit years later from buffalo. Moved back a year and a half to be sued and judgement was. Granted for default, can i appeal that decision.
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Answered in 4 hours by:
3/10/2018
LegalKnowledge
LegalKnowledge, Attorney
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Good morning. When a party was not properly served and placed on notice about a lawsuit filed against them and a judgment was entered, they can try and vacate the judgment. They can file a motion advising the Judge about what happened. In this case, you resided out of State, were never served or placed on notice and just found out now, about the judgment and want this decided on the merits and want to contest this and have it heard.

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Customer reply replied 4 months ago
I went to court on the 7th of March where i told him its not my dog and that was not living in the Mass but it was still rendered, how can he hold me accountable when it is not my dog.

You would have a defense to this and could shift the burden to the plaintiff, to show the dog was owned by you or that you were in control of it and had custody and failed to leash it and secure it. If you were not the owner and had nothing to do with this, a motion to dismiss could have been filed. The plaintiff needs to prove their case so if you appeared in court and argued against this, there should have been evidence to show how/why you were liable for this.

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Customer reply replied 4 months ago
can i still go back with an attorney, i couldnt afford one so i went alone. I showed a picture of the dog sign but he still threw it on me.

At this point, you can hire an attorney to try and have this re-heard or to vacate the judgment. An appeal can be filed if the Judge failed to follow the law or if there was an error which was not corrected, so I do think it is in your best interest at this time to retain legal counsel to look over everything and see what relief can be sought.

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Customer reply replied 4 months ago
Would they try to go after my vehicles cause i dont have money to pay them.
Great to hear back from you. I just kindly ask when we are done that you remember to rate my help at the top just so the site will provide me with the proper credit for my help. They may try to enforce the judgment and go after your car if that was the only asset but if you rely on it and it is your sole method of transportation it may be hard for a judge to order it be taken and sold
LegalKnowledge
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Category: Legal
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Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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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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