Civil Default - Need Attorney

[dancurry]

I have a default against a party in a Civil case, the other party just happens to be my ex. In my complaint, I alleged five causes of action which include Abuse of Process, Intentional infliction, Fraud and more.

The other party was served using a process server as defined in the Business and Professional code to avoid any confusion as to whether she was served or not. She clearly was yet refuses to take part in the action.

Under normal conditions, such as a contract dispute, It would be cut and dry, I would win, she would lose. Simply cash in your chips.

In this case, a prove up hearing must be scheduled and the Plaintiff's attorney must argue damages. I certainly have damages, about $97k in bogus child support, a history of depression as a result of her actions against me.

My problem is I need a good attorney to appear at a prove up hearing and get a money judgment.

I have presented the case to some local attorney's, but they seemed unwilling to take the case. I did informed them that the defendent has much equity and a high paying job and that the default has been in effect for nine months making setting aside the judgment more difficult under CCP 473. My offer was really presented as a collection case for the most part. He would have to appear and gain a good judgment, then a split on the collections.

Things being as they are. I am hoping you might know or have contact with someone that might know an attorney that would take such a case?

The defendant has $350k equity in a home and monthy income between $6k - 8k.

[mistoffolees]

Have you asked the attorneys why they won't take the case? if the facts are as you presented them, then it should be pretty clear cut.

I'm assuming that the reason that they won't take the case is that you want them to take it on contingency. If you're paying their fees, there's no reason not to take the case. If I'm correct, then just pay their fees. It shouldn't take that long and since you're so sure of judgment, why not pay the fees?

[dancurry]

No, I didn't ask way. I guess I should have.  My Attorney friend had arranged the meeting and I really didn't put much thought into it. I just assumed that it would be attractive to him. I was surprised that he didn't take the case.

I'm going to contact his office and make an offer for him to take the case and see if that sways them at all.

thank you for your input. I'll post the response ASAP.

[mistoffolees]

>No, I didn't ask way. I guess I should have.  My Attorney
>friend had arranged the meeting and I really didn't put much
>thought into it. I just assumed that it would be attractive to
>him. I was surprised that he didn't take the case.
>
>I'm going to contact his office and make an offer for him to
>take the case and see if that sways them at all.

In general, the only offer they're interested in is "I'll pay your normal hourly rates". Anything else comes across as a scam - or you don't think you have a good case.

Why not just retain him under his normal terms?

Or find a different attorney.