About 9:15a.m. we are sitting in the front row of the courtroom galley watching our attorney approach the bench to convene in small legal banter with the judge, off the record. As I await to be summoned to the witness stand I can almost hear this surreal voice? Could it be Rod Serling?
"You are traveling through another dimension, a dimension not only of sight and sound but of the legal minds. A journey into a wondrous land of statutes, case law, motions and briefs. Next stop, the Witness Stand!"
Okay, not really...but you get the basic idea. As we are sitting in the galley we are able to hear the judge's dialog with our attorney. It went something like this:
Judge - "Why do ya'll think they didn't respond?"Needless to say, Mike and I with hands gripped together are praying for God's grace and strength to prepare us, not for all our tomorrows, but just that which is required to get us through the nerve-racking challenge of "today."
Attorney - "I don't know your honor"
Judge - "Ya know if they ask for a new trail I'm likely to grant it."
Attorney - "Judge you'd be granting the wrong motion for new trial ."(chuckle accompanying attorney humor since he denied ours)
Judge - "You may proceed."Numerous questions asked regarding knowledge of the property and would we have purchased it kind of stuff. Then onto a few others. . .
Attorney - "Your honor, I call Annette Daniel to the stand."
Judge - "Raise your right hand. Do you...."
Netty - "I do your honor."
Attorney - "Have you and your husband suffered any emotional trauma as a result of this fraud?"Long story short I am excused from the witness stand after some brief testimony leaving another woman in the courtroom crying after hearing me. The judge has not yet signed the judgment and wants to meet with our attorney in his chambers.
Netty - {blubbering, sobbing still watching her horse trailered off to rescue. . .thinking about the certified mail notice at home from Chase Home Finance.} "Yes, every day."
Attorney - "In addition to the damages of the price of the property, what would you estimate these other damages to be?"
Netty - {WHAT??? Were you supposed to give me an answer for that very important question Mr. Attorney?} "I don't know?" {sob, sniffle} "I wouldn't know how to answer that."
We proceed to exit the courtroom as our attorney heads on in to the judges chambers to discuss legal matters on the issues presented to him today. This is the brief scenario that was later related to us at breakfast;
Apparently while our attorney is sitting in the judge's chambers the judge proceeds to inform him that he is going to call the other counsel for the defendants to inquire as to why he did not "answer" the petition for a new trial. Our attorney argues that he really does not want him to do this as they had ample notice to respond. In reality, he does not want this to happen because; if a default judgment sits and matures long enough it is literally impossible to reverse or overturn. You let it ride and then enforce!
You also have to understand that our attorney has been dealing with a defense attorney who specializes in delay tactics. This same defense attorney is the one who has jerked this case around for the last year or so with continuances based on whatever he can throw out there; including but not limited to, his personal health. He lost his last motion for continuance based on health issues only two weeks before trial because even the judge saw through it. No problem, instead of getting another attorney to fill in from his firm he chooses to show up sicker than a dog on the first day of trial forcing us with no other option but to segregate out one lawsuit into two; to non-suit his clients out and refile, or continue the entire matter which at that time included our buyer agent.
So while they are sitting in the judge's champers this morning, the judge calls Mr. Defense attorney to inquire as to why neither he nor his firm have filed an answer to our petition for a new trial? Did he receive the notice? The answer to that question is yes! Both parties were properly noticed and, in fact, so was their lawyer admittedly. His response to the judge and our attorney was that they were not served properly so they don't have to respond. Kind of like "you were supposed to deliver it in a yellow car not a green one" kind of foolishness. The judge asks for clarification and then informs Mr. Defense attorney that he is "dead wrong".
Long story short, our attorney was eventually handed over a signed copy of our motion granting us our "Default Judgment" in the amount of $1,177,500. Now, defense counsel has thirty (30) days to file a motion for a new trial. We go pick up our certified love letter from Chase Home Finance on Monday which begins foreclosure on our property. So, it's kind of like we have a banker stalking us at our front door and Monopoly money in our hands.
We've learned one thing through this process it is not to presume anything. We don't lack faith. We just don't get ahead of Him anymore.
Will we collect on the Default Judgment?
Will there be a new trial granted?
THOU KNOWEST
What is a default judgment?
A default judgment results when a complaint or petition is filed with the court and the defendant or respondent does not answer the complaint or petition. Once the set amount of time given to respond expires, the plaintiff or petitioner can ask the court for default or apply for a clerk's default. Depending on what type of case is filed, the filer is called a plaintiff or a petitioner. The person being sued is called the defendant or respondent.
