Legal Question in Real Estate Law in California
Prejury & Fraud... Do I have any recourse against such actions?
A party falsely representing themself as a property management company filed a suit and won judgement against me. This company does not have a business license nor do they have a real estate broker's license. Also the property management company was not the real party in interest. They committed prejury in court and on documents filed with the courts. I never had a contractual agreement with this party.
Do I have any legal recourse?
3 Answers from Attorneys
Re: Prejury & Fraud... Do I have any recourse against such actions?
If they took a judgment against you by default you need to move to set aside the default. If they got a judgment against you in court. You need to appeal it. If you have passed up your appeal period. Then you need to write to the department of real estate and set forth your allegations that they are representing property owners without the proper licenses. Ultimately the issue is did you owe the money. You didn't address this. So I assume that you did.
Re: Prejury & Fraud... Do I have any recourse against such actions?
Did you provide a defense or default? If defaulted, you should move to set aside default, fast.
Joel Selik
800-894-2889
www.4thelaw.com
Re: Prejury & Fraud... Do I have any recourse against such actions?
In some cases, fraud will toll applicable deadlines, at least if you did not know about the facts being concealed.
If the judgment was obtain as a default judgment, it might be relatively easy to set it aside so that you can file an answer.
If not, you will need to file an appeal, if your time has not yet expired.
D. Alexander Floum, Esq.
The Schinner Law Group
40 First Street, 4th Floor
San Francisco, CA 94105
(415) 369-9050
D. Alexander Floum is an experienced attorney and a law school professor.
The Schinner Law Group is a full-service law firm, providing outstanding assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
