Legal Question in Construction Law in Ohio

judgement based on false information

A buyer signed a contract for new home construction. We tried several times to start the home, but found out that the person who signed the contract at that time did not own the property. Money was spent buying materials and trying to start the home. The buyer hedged all attempts to resolve that issue ultimately demanding the money paid back(months later). My attorney advised me that I didn't have to refund the money since the buyer breached the contract etc.

However the buyer filed a fraudulent lawsuit against me not even in the county my business was in and where we signed the contract and the attorney that I relied on dropped the case based on pressure from his firm. A judment was entered against me.What steps to get this removed?


Asked on 3/21/04, 12:31 pm

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: judgement based on false information

Dear Troubled Contractor, Too bad your Attorney didn't appear in your behalf or notify you timely. You may have an action against him/her for professional negligence, also called malpractice, since you were entitled to be present at trial and properly represented.

Next, you may be able to reopen your case and request the Court set aside the judgment, if and only if, you can prove that the judgment was obtained by deceiving the Court, by false information, documents or testimony.

You definitely need an experienced litigator-Attorney to represent you, ASAP! Good luck. J. Norman Stark, Attorney & Architect. My website is: www.Jnormanstark.com.

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Answered on 3/21/04, 12:55 pm


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