How canI have a civil judgement against me reversed?
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How canI have a civil judgement against me reversed?
My late husband had a dispute over a hardwood floor he refinished. The man apparently sued in civil court, was awarded a judgement, and had me listed as jointly responsible. However I had no idea about a suit. The judgement was entered almost 1 1/2 years after my husband committed suicide. There was no “estate” or insurance. How could this happen? I just found this on my credit report. How am I responsible for his business debts? How can I stop this nonsense? I have been through hell.
Asked on June 9, 2011 under Bankruptcy Law, Oklahoma
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation and what happened. From the way that you have phrased the question here it definitely appears that you have a basis to vacate the judgement. My concern is the time frame but hopefully the statute in your state of Oklahoma gives the court discretion to open the matter back up even if the stated time limit has passed. Now, you need to find out here the judgement was rendered (in what court and in what county). Go down there. Get a copy of the pleadings (summons and complaint) and affidavit of service. Then ask the clerk to allow you to file a Motion to Vacate the judgement. Indicate on your supporting affidavit that you were not properly served with the pleadings and try and detail information to combat the affidavit of service. Then state that your have a meritorious defense in that the work was done against a business (corporation hopefully) run by your deceased husband and that you had nothing to do with the business. Also state that he dies prior to the lawsuit (if that is the case) so he could not have been served either. Good luck to you.
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