How to overturn a civil judgement
Asked Apr 23, 2010, 07:36 PM
I was a victim of domestic violence and fortunately my children and I got out safely (after 10 years) however the landlord of the home in which my estranged husband and I were renting (where he remainded for two months afterwards) has filed a second cause for a judgement of almost $8,000.00. I managed to get the eviction dismissed and explained that I would be willing to clean, paint and return the unit in the manner in which it were given but that I would not return (for the safety of myself and children) until he had vacated. The landlord was fully aware of where my new address was and sent me a statement advising me of the fees, I in turn filed a rebutal indicating what charges I agreed with and disputed. A few weeks later I received a letter from the court showing that the hearing was scheduled for a Monday (however the letter was sent by his attorney to the previous address, then forwarded by the post office). I immediately called the courts and they advised me to put it in wrting asking for a continuance. Immediately I did that within an hour. 3 days later I received a letter from the courts stating that judgement had been granted. I have no idea where to begin in disputing this matter and what makes it worse is that he isn't pursuing my estramged husband (his name wasn't on any of the documentation even though we were both on the lease) they are after me. What should I do, He (my estranged husband) has left a river long of debt that I am already trying to get straitenend out and until I have my court hearing (which isn't until next month) to implement the 'no harms' clause I am doomed.