Legal Question in Business Law in California

Court rulings

I started a divorce action against my husband and was barred from the business that we had together. I was not allowed to particiapte in any activity by a court ruling. Now after the fact there are several lawsuits that were filed after that time for actions I was not responsible for. Now I have a judgement against for an activity that I was not involved, nor did I beinifit from. How is that possible when a court ruling was not allowing me to be to be around the business and I was divorcing my husband and had already resigned from the corporation?


Asked on 11/16/06, 2:52 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Court rulings

It seems to me that you had excellent defenses to the suit or suits naming you as a defendant, not the least being that the business is a corporation and there is ordinarily no personal liability.

More likely than not, you failed to defend, and a judgment was obtained against you by default. Either that, or you defended and your attorney was incompetent.

It is possible for a limited time after a default judgment to ask the trial court to set aside the default and/or the default judgment.

If you did defend but lost, you have an even shorter period of time in which to initiate the appeal process.

I would probably be able to handle this matter for you, but I would need more particulars (dates, what happened in court, etc. as well as copies of related papers) and in any event if you are going to take action, do so quickly so that no deadlines are missed.

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Answered on 11/16/06, 3:39 pm
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Court rulings

If you have a judgment against you, you may have some options to try and get rid of it, but they are limited and you must act quickly. You will need to provide more information if you want help.

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Answered on 11/16/06, 4:12 pm
Terry A. Nelson Nelson & Lawless

Re: Court rulings

Asking how it can happen is getting you nowhere. You must try to get the court to set aside the judgment(s). That takes serious effort and proper facts, put into appropriate and TIMELY motions. This is time critical, so if the judgments are from California courts, feel free to contact me.

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Answered on 11/16/06, 6:18 pm


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