Legal Question in Civil Litigation in Virginia

False Information w/subsequent Default Judgement

My friend was sued in VA by X-fiancee for money allegedlly owed to her. He missed the court date and a default judgement for $150k was placed against him ($50k of it was punitive).

My involvment is that I am listed on the spreadsheet that was submitted to the court and that was used as the basis of the judgement.

I was listed as receiving $25k in ''payments'' and one listing was actually listed as a check! (yes, easily challenged).

No, I never received the money. She merely ''built up'' the total owed by being very creative on her spreadsheet. I'm sure she didn't think it would reach me.

I would like to sue her to compel her to correct the court documents through some amendment. Not only out of a sense of justice, but at least to show the court that the spreadsheet was 99% false--I saw it.

My friend is now wanting to fight this, and its been over a year. Despite my insistence he fight it earlier, he did not until now.

However, I just found out about this, so I believe my statute of limitations has not run out. I also hope I am not barred by res judicata.

There must be a remedy to filing such materially false and easily proven false information that a court used to pronounce judgement. I live in TX.

Asked on 7/31/08, 2:20 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: False Information w/subsequent Default Judgement

Not cheap...Based on these facts, we would take the case and work with Virginia attorney..but the 'friend' must be willing to go to if interested, but it will be expensive

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Answered on 7/31/08, 5:38 pm
Johm Smith tom's

Re: False Information w/subsequent Default Judgement

She will ultimately have to try to enforce her judgment in TX and that is when your friend will have a difficult time explaining why he didn't deal with the litigation earlier. So your friend would be better off going back to court in VA and trying to overturn the judgment, possibly fraud would be a successful argument. Get a VA attorney located where the court is located.

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Answered on 8/01/08, 10:06 am

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