Can I get a default judgement re-opened and re-assessed even though it’s been 3 years?

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Can I get a default judgement re-opened and re-assessed even though it’s been 3 years?

I have a judgement against myself where the landlord went after me even though I wasn’t even on the lease. My wife was on the lease but the landlord told me that since my wife couldn’t be found at the time, she was just going to sue me for the money (she is now my ex-wife). I just found out that the judgement was won against me but it was done over 3 years ago. Can I get the case re-opened and that my ex-wife can pay half of it?

Asked on August 4, 2012 under Bankruptcy Law, Minnesota

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am not sure how you just found out since the court would have required proper service and you must have been on the lease in some form (as a co-signer).  If you are not on the lease but you are listed as a co-tenant, it could be held against you if you are husband and wife. I believe if the judgment was proper, it will stand. Your time to dispute the judgment may be too late but the statute of limitations (as would need to be argued by you) could be tolled/delayed if you just found out about this judgment. If you attempt to have this judgment reversed, you should consider suing your ex for contribution.


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