I’m in Texas and opposing counsel just filed a default judgment against my client. Plaintiff’s counsel named the wrong entity so I reached out to him to tell him what the proper entity to name is. He then told me that he needed to do his due diligence. After several months, he sent me a Rule 11 Agreement saying that that entity was liable for his client’s claims. I revised to omit the language admitting liability. No response. 1 yr later filed a motion for default. Can I take action against him?

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I think rather than trying to take action against the attorney, you should address the default judgment. If you don’t know how to do that, seek advise of a senior attorney to help you. Of course all of the emails with the opposing attorney will get you sympathy but you need to just think about how to get rid of the default judgment. And now you know who you are dealing with on the other side. Sorry to hear you got jerked around.

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At the very least you could point it out to the judge in your response to the motion for default so that he loses credibility in her eyes.

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For what?

Did the lawsuit name your client, but your client didn't do the thing the plaintiff alleged?

Or the plaintiff tried to sue your client but misnamed it/named another entity?

Does the default judgment actually name your client?

If you have in writing that he agreed to extend the deadline, then just attach that to your motion to set aside the default.

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If they have a judgment against the wrong entity, what does that matter to you? Presumably if you represented the defendant entity you would’ve entered an appearance

The named defendant is his client’s subsidiary.

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