Q: I have been awarded a default judgement in Special Civil Part in Monmouth County NJ. The defendant retained an attorney.
I worked a 1099 contractor role in 2023 with a CPA. I got the role through a finance & accounting recruiting agency. The contract was written up by the recruiting agency & was between myself and the CPA firm.
The contract was for hourly pay for a minimum of 300 hours. The CPA firm & the Recruiting agency ended the 1099 gig early & I didn’t get my minimum hours paid.
I took them to small claims court & submitted a motion for default judgement because the company never answered the court documents. The judge awarded me a judgement recently.
Now that I was awarded the judgement, the recruiting company retained an attorney & offered to settle for 50% of my judgement or they want to open an appeal on the matter. Should I take the 50% settlement & not deal with a potential appeal or should I push for more than 50% offer from the defendants attorney.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New Jersey
- (732) 320-9832
- View Profile
- Answered
A:
It's crucial to consult with an attorney who can provide tailored advice based on your specific situation.
You have a strong position with a default judgment, but the defendant can file a motion to vacate the default judgment, potentially leading to further legal proceedings. Accepting the 50% settlement ensures some compensation without additional legal action. However, you might negotiate for a higher amount considering your favorable judgment.
Vacating a default judgment can be relatively straightforward if the defendant argues they were not properly served or had a valid reason for not responding, which could delay your compensation and incur additional legal costs.
Consult with an attorney to evaluate the risks and benefits of each option. Your attorney can help you decide whether to accept the settlement, negotiate for more, or continue with legal action based on the specifics of your case. Even retaining an attorney to negotiate the settlement offer may result in a better deal for you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
