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-   -   Judgement on our house (https://www.askmehelpdesk.com/showthread.php?t=197718)

  • Mar 24, 2008, 06:47 PM
    ScottGem
    If he wasn't aware of the judgement, its possible you can get it vacated on grounds of improper service.

    If this was a civil damages suit after a criminal action was your husband ever convicted? There seems to be a lot of unanswered questions.
  • Mar 25, 2008, 04:40 AM
    jennieb1
    Hi Scott:

    Yes, he was convicted and served 6 moths in jail in update New York. My apologies for not providing all information at once... some of it I am just becoming aware of myself.

    Their was an altercation back in 2000 (I think) and he was invloved in a "group fight."

    Later on he was convicted and served 6 months in a NY jail.

    I started dating him in 2003... and from 2003mand on I know he was not served anything. I asked him this weekend was he served anything prior to us meeting/dating/married? He said "no."

    Jen
  • Mar 25, 2008, 05:45 AM
    ScottGem
    OK, Since the amount is beyond small claims court, I would get an attorney and file a motion to Vacate the judgement on the grounds of improper service. You may be able to get the judgement off so you can process the refinance. They will probably refile but then you will have the opportunity to plead the case. If this were a group fight, then he may not be responsible for the whole amount. It may also be possible that the plaintiff collected from other participants and what his share is may be substantially less.

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