4 ms·

IANAL, but: >they are now obligated to show up to court or otherwise risk a default judgement against them that cannot be reversed later. Is definitely untrue

IANAL, but: >they are now obligated to show up to court or otherwise risk a default judgement against them that cannot be reversed later. Is definitely untrue. You can appeal a default judgement and win. Ask me how I know. (Edit: attempt to fix formatting)

ajhurliman 3y ago
Does that apply to small-claims court?
- balls187 3y ago
  IANAL—yes. Appellate process looks into whether or not the judge followed the law when making the ruling/judgement. Smalls Claims Court is still a court, and the rulings are still subject to the laws of the land. From a practical matter, you will spend more in legal fees appealing than what is in the judgement.
cgb223 3y ago
How do you know? (I genuinely want to hear this story)
- creeble 3y ago
  Late reply, sorry. My company got a default judgement in small claims court ($3k) that I only learned about months after it happened because the state of California had a totally wrong address (mixed up with some other company) in their database. So I was served at some random address that was fortunately only 50 miles from me; “fortunate” because I still had to appear at that county’s courthouse to make any appeal. The fact that The California State Corporations Board had the wrong address had no bearing on my appeal - that was “my fault” for not monitoring it and having it corrected. So I filed for an actual appeal, appeared before the judge with the plaintiff (and a lawyer on my side that cost $2500), and won the appeal on the merits of the case. Had I not won, the state would have issued a bill and denied the business renewal unless paid. It was an utterly bogus claim by a plaintiff that admitted he made a hobby of small claims court. Most of his cases he won because he defendants never showed up; as I didn’t originally because of the wrong service address. Two lessons: check the state records for your business religiously (because it’s your fault if they get it wrong, no matter what), and fight the claim no matter what or you’ll become a target for future small-claims rewards because the judgements are public information.

ajhurliman 3y ago

Does that apply to small-claims court?

balls187 3y ago
IANAL—yes. Appellate process looks into whether or not the judge followed the law when making the ruling/judgement. Smalls Claims Court is still a court, and the rulings are still subject to the laws of the land. From a practical matter, you will spend more in legal fees appealing than what is in the judgement.

cgb223 3y ago

How do you know? (I genuinely want to hear this story)

creeble 3y ago
Late reply, sorry. My company got a default judgement in small claims court ($3k) that I only learned about months after it happened because the state of California had a totally wrong address (mixed up with some other company) in their database. So I was served at some random address that was fortunately only 50 miles from me; “fortunate” because I still had to appear at that county’s courthouse to make any appeal. The fact that The California State Corporations Board had the wrong address had no bearing on my appeal - that was “my fault” for not monitoring it and having it corrected. So I filed for an actual appeal, appeared before the judge with the plaintiff (and a lawyer on my side that cost $2500), and won the appeal on the merits of the case. Had I not won, the state would have issued a bill and denied the business renewal unless paid. It was an utterly bogus claim by a plaintiff that admitted he made a hobby of small claims court. Most of his cases he won because he defendants never showed up; as I didn’t originally because of the wrong service address. Two lessons: check the state records for your business religiously (because it’s your fault if they get it wrong, no matter what), and fight the claim no matter what or you’ll become a target for future small-claims rewards because the judgements are public information.