Can a default judgement be contested or reversed by the Court?
462058
A precise answer depends on the law of the particular jurisdiction you're in. In New York, you could move to vacate the default judgment.  You would have to show: (1) a reasonable excuse for not having appeared in the case earlier (pretty easy to do here, your excuse is that you were never served with process and you didn't know there was any attempt to impose liability on you personally); and (2) a meritorious defense to the claim (the arguments you've outlined about why it's your husband's sole responsibility).\n\nYou will probably need to consult a lawyer to get this cleared up.  A possible alternative: Contact the Registrar.  Explain why this is bogus and ask that the Registrar consent to vacating it, the alternative being that you'll engage a lawyer, the Registrar will incur legal fees in a hopeless cause, and, depending on your local law, the Registrar might even have to reimburse you for your legal fees.  There's not much chance that this will work, and there's a downside to even trying -- you don't know the law, so you might say something that could be used against you later.
690645
Depends why you lost. The answer to every legal question is "it depends..."\n\nThe theoretical answer (IANAL, and I have no experience with Small Claims) is that in SCC the judge is supposed to help out - there is less standing on formality of the law, and more on the facts of the case. If the information was relevant, the other side isn't going to get it excluded by fancy legal tricks.\n\nHowever, the law is still the law. What may appear "right" or "Fair" is irrelevant. If you signed a contract, you owe. The rules for what is a valid contract, and what circumstances allow you to cancel one, are pretty explicit after 500 years of common law.\n\nUnless you can show an error in fact or interpretation, the judgement stands. Is there, say, an element of state consumer protection laws relevant to the case that was not taken into account? Was a fact stated by the other side incorrect? Has new evidence come to light (and prepare to explain why it wasn't at the first trial). \n\nI think I read about appeals courts, that they are not going to change the first judge's decisions of "fact". It's up to the original judge to listen to 2 contradictory stories and decide which one is "more correct". An appeal court will almost never change that part of the ruling, since they don't sit through all the evidence all over again. If that decision - "I think he's the one telling the truth" is what decided the case, then it ain't gonna change on appeal!\n\nIf you're going to appeal, get a real lawyer. If he tells you you're wasting your money, listen to him.\n\nOne thing a lot of judges HATE is when people act nasty or lie or cheat using the legal system. Look at the Anna Nicole Smith case - IMO the main reason she won in the Supreme Court was that they saw that the son had falsified information presented to earlier courts. They were teaching him a lesson. It's going to be an expensive one.
1179283
You'll be hard-pressed to be allowed to speak with the judge, since judge's are very uncomfortable having ex parte conversations with parties. \n\nBest thing you can do is alert the other side of your situation, request a hearing in front of that judge, with the other party present, and ask the court to set aside the default judgment. Inadequate assistance of counsel is rarely availbale in civil matter as a defense to a judgment, but the judge has broad discretion to vacate his prior judgment. So, throw yourself at the mercy of the court, begging and pleading with the judge, and see what happens. \n\nYou may want to consult with an atty who deals in malpractice, as it sounds like there was some of this goign on in your case. \n\n\nAlso, before you think about appealing, make one effort to get the default vacated. Remember, if you wanted to appeal, you would be appealing the judge's decision to deny vacating the judgment, NOT the decision to grant a default. Appeal deadlines are strictly enforced, and if you are at the district court level, next step up is likely an intermediate court of appeals. \n\nIn terms of all your theories and evidence, when you ask the judge to set aside the default, your proabbly better of not going into the details of the merits of your case. Although one prereq. to getting a default set aside is showing a defense that has some merit, remember the law LOATHES defaults. So, tell the judge everything concerning what caused the default, tell him you just want the chance to fight the claims and that your due process rights should not evaporate because your other lawyer is an idiot (speaking of which, send him a letter where you basically fire him. Otherwise, he has an obligatino to attend all hearings on your behalf. Cease the relationship). \n\nGood luck\nGood luck.
157155
Contrary to what many people think, a bankruptcy does not automatically void a judgment lien.  If you have a judgment against you and the creditor filed a lien against your home, the lien would survived the bankruptcy unless you filed the proper motion with the bankruptcy court to remove the lien.\n\nMy suggestion is that you see a bankruptcy attorney right away to review your bankruptcy file to see if there is still something you can do about this.  If you did not file the appropriate motion, you might be out of luck.
456915
Only with a court order of judgment against you. They will say any thing to collect. you must get a  to appear in court and then the judge will rule in their favor.
226599
You don't have to go anywhere else.  You just appeal all adverse ruling.  You can not go around town and find a sympathetic judge, doing this is discouraged by the law.  It is called "forum shopping".
1110096
I doubt the lien would be enforceable since he had no ownership interest in the house when judgement was entered, but I recommend consulting a lawyer, things things vary from state to state.
46633
A judge can do anything calendar wise with proper notice and the following of the Rules of Court.  This all depends on your jurisdiction. I'd suggest you attempt to reschedule through the court's Clerk. If a judgment was entered despite the cancellation of a mediation or hearing, it MAY be the basis for an appeal, but once again it depends on the jurisdiction.
1107849
you have to take it back to court. you will have to explain why you want it changed and prove that you need it changed
153955
It is an order issued by the court after a reversal of judgement.  It states that the sheriff must restore the disputed item to the defendant, or the proceeds if it was sold.
640457
If this individual holds a judgment against you after having gone to trial, there is very, very little you can do.\n\nThe only way to successfully get out of paying the judgment is to have no money.  Even then, sometimes a creditor can attach the bank account of someone holding money for you.  There is one way to have no money and quash the judgment so that the creditor cannot come after you again - bankruptcy.  If this is important enough to you, talk to a lawyer about filing for bankruptcy.
730920
I'm not sure about Canadian Laws, however here in the United States, it is called "Recusal".   A judge will recuse themselves from any case in which they feel they cannot give a fair and impartial decision.  This is all voluntary on the part of the judge unless a writ is filed with a Superior Court Judge to have them withdrawn from the trial.
668672
Yea they can. States laws are different but here in Alabama.  First they will serve you with papers.  You can either go before the judge and plead your case (which I recommend) or do nothing and the company will get default judgement on you.  Once they get that after 14 days they can file for garnishment and take 25% of your paycheck until the debt is paid.\n\nGo in front of a judge and plead your case.  Its the only shot ya have.
186204
You need to provide more information. If the item was attached by levying on the item after the judgment was not paid for 30 days, yes. If it was an item bought on lay-away and partially paid and they sued for the balance and got a judgment, yes. If the item was repossessed and foreclosed upon by proper process, and they sold it, yes.
65862
The are a number ways, including filing a motion to set aside the default and a motion to quash service of the lawsuit.  You should consult an attorney right away because the court where the lawsuit was filed might not have jurisdiction over you.
877281
Sometimes judges had personal experiences in the past with similar situations in cases that they try.  Thus, they decide in such a manner the way they experienced the case which should not be the case.  Appeal your case by a petition for review by the higher court citing the bias of the judge.
452602
The court does not collect judgments, that is up to the person who was awarded a judgment.\n\nThe court is finished with the matter.\n\nYour opponent is in the same category as all other debt collectors, and if you have nothing he can attach, he better be glad that you are willing to make payments, regardless how small, or how often.