Q: After default, can I present new evidence against the plaintiff?
I'm in default but have learned that the contractor needed a separate permit to perform the work so that the work would be reviewed by the city and signed off accordingly. That was part of the contract, that I would have to pay them once the city signed off the permit. Since they didn't pull the additional permit, it is an invalid mechanic's lien. I have sent them a Demand letter to remove the lien. If they don't, can I use the same civil case to ask the court to have them remove it? And if so, does that expunge any monetary damages?
A: if there is a default against you, it means you failed to appear and the judge entered judgment. there are only limited circumstances where that default could be lifted and you will need a lawyer to go over those options and do the work which means you will need to pay a lawyer to do this. it is not clear whether the evidence you have will play any factor in lifting a default judgment. consult with a lawyer asap as timing is key.
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