Legal Question in Business Law in California

judgement

i was a part of a corporation that subleaased a property that we where evicted from. i now have an $18,000 judgement on my credit which is preventing me from getting a home loan. no notice was ever given to me of a suit or a judgement and we never signed a lease. how can i get this removed from my credit as quickly as possible?

thank you


Asked on 3/05/02, 9:18 pm

4 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: judgement

You want to move to set aside the Judgment immediately.

Joel Selik

800-894-2889

http://www.4thelaw.com/services3.html

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Answered on 3/06/02, 9:36 am
Ken Koury Kenneth P. Koury, Esq.

Re: judgement

you need a lawyer to review that court file and file a motion to vacate the judgement.

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Answered on 3/06/02, 9:58 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: judgement

In addition to the previous advice (get a lawyer), which is sound, I would like to point out that if you were merely a shareholder in a corporation, it would be very difficult for a creditor of the corporation to get a judgment against you personally! It can be done, e.g. by 'piercing the corporate veil' if the corporation is not run halfway properly, or by giving preference to insiders when the corporation is liquidated -- but several extra legal steps are necessary, decreasing the chance you would be uninformed. Perhaps you guaranteed the corporation's sublease personally? In any event, you need legal assistance to INVESTIGATE what happened first, then to take the steps necessary to un-do the mischief!

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Answered on 3/06/02, 4:44 pm
William McPhee W. Allan McPhee

Re: judgement

The "Due Process" clause to the U.S. Constitution requires that you have notice of any proceedings and an opportunity to be heard. You state you had no notice and therefore no opportunity. You should, as soon as possible, contact an attorney to file a Motion in the case to set aside the default and default judgment. There are other issues to be raised such as the corporate veil issues, however, the Motion to Set Aside is your first procedure. As soon as possible, means do it now.

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Answered on 3/05/02, 9:35 pm


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