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  #1  
Old 04-06-2018, 07:20 PM
kingofants
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Default If a defendant lost a civil lawsuit, can he/she file a case against the plaintiff?

Case 1:

A sues B.
A won.

Case 2:

B sues A (claiming that he lost Case 1 due to fraud by A)



Can B do that?
Wouldn't that open up the possibility of an infinite cycle?
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  #2  
Old 04-06-2018, 07:28 PM
jas66Kent jas66Kent is offline
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Judge can dismiss the case with prejudice. Gone forever and no possibility of suing back.
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Old 04-06-2018, 08:28 PM
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Quote:
Originally Posted by kingofants View Post
Case 1:

A sues B.
A won.

Case 2:

B sues A (claiming that he lost Case 1 due to fraud by A)



Can B do that?
Wouldn't that open up the possibility of an infinite cycle?
Did deadbeat tenant lawyer up on you???? Did tae kwan do chickie not enjoy her date???
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Old 04-06-2018, 09:13 PM
Enough Exams Already Enough Exams Already is offline
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Quote:
Originally Posted by kingofants View Post
Case 1:

A sues B.
A won.

Case 2:

B sues A (claiming that he lost Case 1 due to fraud by A)



Can B do that?
Wouldn't that open up the possibility of an infinite cycle?
First, IANAL. Consult a licensed attorney in your jurisdiction for any legal advice.

Second, did B raise the issue of A's case's being fraudulent at trial? If he didn't, he generally can't re-litigate what is substantially the same case. If he did, and the judge ruled against B on the countercomplaint (the alleged fraud), B may have grounds for appeal, depending on the specifics of the case.

Third, IANAL, Consult a licensed attorney in your jurisdiction for any legal advice.
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Old 04-06-2018, 10:52 PM
kingofants
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Actually, his lawyer will file a Motion to Vacate a Default Judgement.

He never showed up, so a default judgement is held against him.

They will claim that the reason he didn't show up is because I lead him to believe that I was going to extend the court date.

And his lawyer is definitely one of those low life vulture lawyers that scam people like deadbeat roommate.

Last edited by kingofants; 04-06-2018 at 11:03 PM..
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Old 04-07-2018, 04:38 AM
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Anyone can sue for anything. Anyone cannot always win.
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Old 04-07-2018, 08:42 AM
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Originally Posted by kingofants View Post
Actually, his lawyer will file a Motion to Vacate a Default Judgement.

He never showed up, so a default judgement is held against him.

They will claim that the reason he didn't show up is because I lead him to believe that I was going to extend the court date.

And his lawyer is definitely one of those low life vulture lawyers that scam people like deadbeat roommate.
Remember to file an ethics complaint with the Bar against vulture lawyer.
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  #8  
Old 04-09-2018, 09:20 AM
Enough Exams Already Enough Exams Already is offline
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Quote:
Originally Posted by kingofants View Post
Actually, his lawyer will file a Motion to Vacate a Default Judgement.

He never showed up, so a default judgement is held against him.

They will claim that the reason he didn't show up is because I lead him to believe that I was going to extend the court date.

And his lawyer is definitely one of those low life vulture lawyers that scam people like deadbeat roommate.
So the original situation wasn't actually "A sues B, A won", which implies the case was tried and decided on its merits. It was "A sues B, B doesn't appear, A wins a default judgment"...which is a very different set of circumstances, because the decision was based on procedural grounds (B's failure to appear).

And before you start whingeing, as you're finding out now, such details matter in litigation.

Vulture or not, his lawyer could just have a good argument for vacating the default judgment. Equity generally requires that a decision be based on substantive issues rather than procedural ones (cf. laches and statutes of limitations).

So go try your case on its merits this time. You've always thought that your actual case is a winner. Now you'll just have to go through your case instead of only going through the motions (pardon the pun).
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You'll want to wash your hands afterward."
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"I wonder if there's a lower bound on how dumb the internet can get. We gotta be getting close, right?"
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  #9  
Old 04-09-2018, 09:35 AM
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They will claim that the reason he didn't show up is because I lead him to believe that I was going to extend the court date.
And... did you?
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  #10  
Old 04-09-2018, 09:44 AM
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And... did you?
This is a relevant question.

Also how did dead-beat roommate afford a lawyer?
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