Q: Do I need a lawyer to file a 9-11-50?At the time of the default judgement, the judge did not know I live in Germany.
I sent a registered letter from Germany, but it did not reach the courthouse before the judge reviewed the case.
I have lived and worked in Germany for seven years and have never been a resident of the county where the lawsuit was filed.
A:
No one needs a lawyer and everyone always retains the right to represent him or herself. However, you would not do brain surgery on yourself nor would you cut your own hair or repair your furnace/ac. By the same way, if you have a legal issue you would see a doctor.
I looked at OCGA § 9-11-50. Motions for directed verdict and for judgment notwithstanding the verdict - this deals with motions in a trial. If you are in a trial, do you have a lawyer? If not why not? You would make these motions if supported by the evidence. These motions are not granted frequently.
You would not be making these motions because you lived in Germany and if that is your grounds, then you don't know what you are doing. If you were sued and you were living in Germany and a judgment was entered, then you want to file a motion to open under OCGA § 9-11-60. Relief from judgments. This motion has to be written.
I suggest you get a lawyer to maximize your chances of succeeding. I have questions as to how you could have been sued and served in a county when you were not in the US. However, you generally have only one year to challenge a judgment and you do not indicate when it was entered unless you are claiming a lack of jurisdiction. Were you a resident of that county but living abroad??
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