[thegarbageguys]

A lawyer filed a bogus claim against me for about $50k and worked it so that I never knew about any court dates and then he renewed it by playing incredible games. How do I get this judgement tossed with out it costing me a fortune??

[JudyKayTee]

A lawyer filed a bogus claim against me for about $50k and worked it so that I never knew about any court dates and then he renewed it by playing incredible games. How do I get this judgement tossed with out it costing me a fortune????

What did you do when the bogus claim originally came to your attention? Apparently it's been some time if it's already been renewed. Have you filed a Motion to get it dismissed on the grounds it's bogus? What are you grounds for dismissal - if it's bogus I assume it's not your debt.

Doesn't take game playing to get a Judgment renewed - you just go in and file for the renewal. In some States it's automatic.

[ScottGem]

If they got a default judgement because they didn't properly notify you,m then you file a motion to Vacate on the grounds of Improper Service.

[thegarbageguys]

I didn't know he had this judgement on me until he had it renewed. At which time I received a notice of a motion to extend it. I went to the court but he cancelled that date by phone or something and never showed and the case wasn't heard. Then I received a notice in the mail that there was a new date. He did the same thing, then a 3rd date and I went to each one but I believed he phoned and cancelled it as he watched me enter the court house. On the fourth date I went to the court and the clerk told me that he wasn't going to show again and the date was moved. I never receive anything after that until almost a year later I received a notice saying the motion to renew was granted.

[ScottGem]

What you should have done, when you got the notice of renewal was file the motion to Vacate. You need to be more proactive. But I think you can still do it. If he fails to show up on that hearing, ask the judge to Vacate by default. That's how he got the judgement. The judge may postpne a couple of times but by the third time he should grant your motion.

[thegarbageguys]

Are there special documents that you have to fill in and submet to the court? If so where do I get them and does it cost to file them?

[ScottGem]

Well if the judgement was for $50K that's outside the realm of small claims court. You can ask the court clerk what format such a motion needs, but I would really contact a lawyer on this. It shouldn't be hugely expensive for them to draw up the motion for you.

[thegarbageguys]

It's a really long story but I had hired this lawyer to handle a law suit against a customer that owed me $240,000 ( I was a builder) He really screwed the case up by not submitting all the paper work at discovery and tried to introduce it at trial. The customer's lawyer objected and I lost the case without these papers. I had already paid him $19,000 and he claimed I owed him another $50,000.

He was my second lawyer, the first one I fired after he failed to show at court dates and the judge ordered me to pay $1000 toward the legal fees of the defendant. He then charged me $175 telephone consulation fee for phoning him to find out why he wasn't in court. He was gone and I hired this last bum.

[thegarbageguys]

I really don't want to give anymore money to lawyers and yes it's not in small claims.

[ScottGem]

In all the time he has had this judgerment he hasn't tried to collect on it? A lawyer bill could easily go up to $70K, but that does seem excessive. I can see where you would be lawyer shy, but I think you really need one to at least draw up the papers. Shop around.

[thegarbageguys]

He has never tried to collect. He knows it's a bogus calim and he is probably waiting for me to have a winfall of some sort like an inheritance or something.
After he lost my case he had me sign papers saying that he could appeal and keep what ever he collected to go towards his bill and anything over his bill he would send to me, Ha ha. I never heard from him again (since 1993) until this renewal thing over the last few months.

[thegarbageguys]

No he has never tried to collect. I didn't hear from him since 1993 until this renewal thing popped up.