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    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #21

    Mar 24, 2008, 06:47 PM
    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.
    jennieb1's Avatar
    jennieb1 Posts: 11, Reputation: 2
    New Member
    		  
    #22

    Mar 25, 2008, 04:40 AM
    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #23

    Mar 25, 2008, 05:45 AM
    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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