Legal Question in Civil Litigation in Arizona

can a judge remove someones name from a judgement 3 tenants in a house that was desroyed. I got a judgement against all 3. Now they are coming back and saying only one signed the lease. After 1 year it went month to month for 5 years.Only the mother signed the first lease.In the mean time the kids became adults and all 3 trashed the house


Asked on 12/30/10, 12:04 pm

1 Answer from Attorneys

Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

Well it depends whether the defendants were properly served, what the reason for attempting to set aside the Judgment is, for example whether anything is new, and how long ago you obtained the Judgment. Generally , the principle of "finality" will bar the reopening of judgments after six months and then only if there is mistake, new evidence, fraud or something unusual. Here it sounds like they knew going in that they did not sign the lease so the defense is nothing new. So, based on what I know, if you are well represented I would be surprised if they could set aside the judgment. I have done it for clients but not on these facts.

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Answered on 1/04/11, 12:44 pm


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