Vacate default judgment

我就是前段時間來谘詢與房東的民事糾紛,因律師朋友(G**)的誤導從主動陷入了極端被動局麵的(default judgment).我跟G**寫信說打算正式雇他幫我們弄vacate(而不是業餘時間)並先寄了$400的支票.他說他不能Cash因為他隸屬於公司.他後來幫我們找了他的律師朋友(J**),是辦family糾紛且目前沒工作的(所以沒有liability insurance).

這位J**辦事很利落,提醒我們取證房東damage deposit不合理的證據.原來我們覺得60-70%的理,到後來有95%了. 我很高興.就問G**能不能把我們最初的談話加進去,以下是原信:
G** and J**,

I believe J** made solid defense to the lawsuit against us. We have some new findings (or maybe not new?).

While my hu*****and was stuck in Canada waiting for his visa, he made a few calls to lawyers and was suggested to add some "excusable neglect" based on our story: the fact that I have been actively seeking litigation help from G** and have been doing what suggested (again based on our understanding). The following is what I can recall:

Emailed G** about our sufferings and the Summons

G** asked for documents and I scanned and sent it to her.

Met at G**’s home and talked about the case. G** pointed out that it is important for us to win the small claim and helped me draft the amendment to small claim. I asked if I can ignore the Summons. G** said "No, you cannot ignore it." I asked if I should respond the Summons right away, G** told me I can wait for response from filing (who knows it would take so long!) and then serve that to both ** and his lawyer. Per his experience, many people ignore the 20 day limit and take months to respond (who knows they are so greedy!).

While waiting, we received S**’s(property manager of the landlord) letter with attorney’s charges added, which confused us more.

The default judgment was made before we received response from small claim court.

G**, all that been said, we have no intention, under any situation, to bring you any problem. I just wanted to get it vacated (and relieve all of us), with as many valid reasons as possible. I understand that you are helping me as a friend. You are not my lawyer and are not liable to any of my actions. Should you recall things differently, please let us know. If you think adding the above will hurt you, please let us know as well - we will not use it then.

就我的理解,隻要我不告這位朋友,他就會沒事的.我們在外麵谘詢的律師聽了我們所有的理由後很肯定地說能vacate掉所以我才這麽問他的.我無論如何不會告他的,因為幾乎確定我們能成功所以我覺得他應該沒有顧慮替我作證.所以提這樣的問題.可是,

Reply from G** to me and J**

I cannot advise you on whether or not to use the fact that you spoke to me, as a friend, in October as a defense to your default judgment. However, if you do get an attorney and plan to use that fact, I request that you notify me so that I can send notification to my liability insurer and potentially retain my own attorney if necessary.

My reply to G** and J**:
We didn't and do not plan to get an attorney. We trust you are doing
your best to help us. I am looking forward to our get-together! (J** said earlier that she has time Sunday and we can finalize and have the motion to vacate filed Monday).

His reply to me and J**:
I've been *** all day and did not think the email was addressed to me. Did I say a get-together? FYI, I am busy all day through 12/1.

我不明白怎麽把事情搞到了這一步? 看來我隻好在外麵找律師從頭再來了? 可是我如果申訴的時候一點都不提他我能vacate掉的概率大大減小(律師的信: Without the lawyer's testimony by affidavit, your chances are
not as good. You would have to say that he told you that which would
be hearsay and probably not admissable. There is still a chance
because you had filed the smalls claim action before you were served
but all you had to do was send it to the other lawyer and didn't. It
makes no sense without the lawyewr's advice. Pride needs to take a
back seat.),提他又怕給他帶來麻煩(法院會強製調查嗎?他會不會失去工作?),我會不會有後續麻煩(他會告我嗎?).

請問我該怎麽辦?????

所有跟帖： 

• 老貓指點一下啊! -大海哥- ♂ (0 bytes) () 11/22/2009 postreply 10:43:03

• 該說得老貓早就說過了,聽與不聽是樓主的自由. -單身老貓- ♂ (0 bytes) () 11/23/2009 postreply 09:01:59