Legal Question in Credit and Debt Law in New Jersey

I have a judgement against me for a debt that is not mine. The judgement is for unpaid assocation fees on a condo that I no longer own/nor did I own at the time the debt was incurred. The attorney that placed the judgement against me stated in court documents (Motion of Judgement) that he/his office verified that I reside at and own this condo. This statement is completely false as I transferred ownership to my ex-husband a year prior to the debt accrual as part of a divorce agreement. I also have not resided at this location since a year prior to our divorce. I have faxed this attorney documents showing the change in ownership, which include the Deed. Through several conversation with this attorney, he assured me that he doesn't want to go after me, yet still went forward with motion. I have been fighting to get this judgement removed for nearly 2 years with no success - including a request of this attorney to file a motion. Could I have a case against this attorney for filing false information against me resuling in a judgement? - Specifically his verification of my residence


Asked on 3/22/12, 8:26 am

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Get a lawyer right now! it is very late in the process, but get to a lawyer now!

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Answered on 3/22/12, 8:51 am
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

The attorney did not "place a judgment" against you. His client sued you and obtained a judgment against you as a result of that lawsuit. This happened either because you failed to respond to the lawsuit, or you answered the lawsuit and lost. If you failed to respond, was it because you were not served with the lawsuit, or did you ignore it? The only way to respond to a lawsuit is to file an Answer with the court. Communicating with the attorney does not take the place of properly responding to the lawsuit. If you were not properly served with the complaint, or have a legally valid reason why you did not respond, or some other valid reason to "undo" the judgment, then you should make a motion to vacate the judgment so that you can defend the suit and have your day in court. Until you take action, you have a judgment against you, whether wrong or right. You are spending too much time speaking with the plaintiff's attorney, and not enough time getting the court involved.

Note: Due to the limitations of the LawGuru Forums, the response to questions posted does not constitute legal advice or legal representation of the person posting a question. The information provided is general. The poster should obtain specific legal advice from an attorney, and should not rely upon the response as the basis for making any decisions of legal consequence.

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Answered on 3/22/12, 11:50 am


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