October 2, 2018

Question

My lawyer filed a began proceeding on a case when I fell and had a number injuries as a result. I was told in our last call that the location had closed down and there are no funds that we can receive for the case. When i looked up the business the LLC is showing as still active. I am not sure how to proceed my lawyer has given me very little information and this is what the last motions and appearances on the case states.
03/18/2015 Supreme Initial (first time on) OTHER FINAL DISP. PRE-NOTE DEFAULT JUDGMENT MOTION PART
DEFAULT JUDGMENT CONFERENCE PT DISM
12/10/2014 Motion MOTION DECIDED-OPEN APPEARANCE DEFAULT JUDGMENT MOTION PART
DEFAULT JUDGMENT MOTION PART SEE COMM 001&002 1
10/29/2014 Motion ADJOURNED DEFAULT JUDGMENT MOTION PART
MOTION PART 1
10/20/2014 Plaintiff DEFAULT JUDGMENT Yes Decided: 12/10/2014
GRANTED SHORT FORM ORDER
Before Justice: DEFAULT JUDGMENT MOTION PART Short Form Order 12/10/2014

Answer

Have a face-to-face talk with your current attorney. It looks like they obtained a default judgment against the business - because they failed to file an Answer to the lawsuit or have an attorney appear in the case. This may mean there was no insurance (as the insurance carrier would assign counsel), and if the business no longer exists (the 'active' status of an LLC may be irrelevant), you'll have difficulty collecting on that default judgment. You might want to also talk with an attorney who specializes in debt collection to see what options you have, if any.


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