How do I overturn a judgement
Asked Sep 15, 2008, 09:04 AM
I was an owner in a business that went in to bankruptcy in 2005. My business partner and his wife had taken personal bankruptcy so most of the suppliers we dealt with would not accept his personal quarantee. On one particular application they did accept us both jointly and severely on the personal guarantee. Shortly before the company was taken into Chapter 7, we disputed the amount of money we owed this supplier and had made an agreement with their attorney on a reduced amount and began to make payments. Once in bankruptcy, they came after both of us for the outstanding amount. I asked my ex-partner to please take care of this as I was recovering from a serious illness. He contacted their attorney and made an offer - supposedly on behalf of the corporation. She accepted the $6,900 from him in the form of a cashiers check. Several months later I was served for what she said was the remaining balance on the account. I had the initial judgement overturned because her service was not good but when I returned to reschedule the hearing, I came without an attorney, money issues, and at that time she left the courtroom and when she returned she approached me and said "it is obvious that the judge is going to rehear the case - how does July __ look for you". I said fine not realizing she left to schedule the case with the judge of her choosing. When I returned to dispute the amount I could not even present evidence. Each time I addressed the judge with the reasons and attempted to present the evidence I had with me, that I did not owe this money he refused to even listen or look at anything and just said judgement for _ pay. Is there any way to re-hear this in Fairfax County? Should I bring my ex business partner in an effort to testify for me that he was under the sound impression that his payment was satisfying the debt for the corporation? Is there any way to readdress this as there is absolutely no way I can ever repay the judgement she received $7,000 against me.