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  1. #1
    MVsmiths is offline Junior Member
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    Question fight a default judgment? (appeal time has exp'd)

    What is the name of your state? tennessee

    Success rate of fighting a default judgment? 6 yrs ago a default judgment was taken out against me, over the years (outside of life changes and moving to another state) I have done research and find that the steps taken before the court date are out of line with what the law reads. This was a landlord tenant issue. I still have all of the documentation. The fact that I was a first time renter and student unaware of my rights surely helped the landlord out tremendously....

    However, I was successful in a constructive eviction case in TX in 2004, and am now financially able to fight this 6 yr old default judgment. Ever heard of someone fighting a judgement that was pretty much unlawfully obtained? Any stats? I do plan to get legal representation as I suspect that the creditor intends to renew this default judgment.
  2. #2
    tranquility is offline Senior Member
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    After the time to appeal? Umm...0%.
  3. #3
    MVsmiths is offline Junior Member
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    Hmm. I thought I had a fighting chance since back in Nov 2002, I wrote the judge who ruled on the case. He wrote me back advising that I should bring any action I feel is necessary in circuit court as he has lost jurisdiction over the case.

    Recently while in court I witnessed a judgment being renewed where the defendant pleaded that the judgment was obtained under false pretense(meaning the law was not followed). The judge specifically advised the defendant that if she wants to fight the judgment and win she needs an attorney.....
  4. #4
    tranquility is offline Senior Member
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    I wrote two sentences in my previous post. You are not reading or understanding the first one.
  5. #5
    MVsmiths is offline Junior Member
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    Thanks for your input! I have found some information after googling and will speak with the director of the paralegal program at the school my husband works at. I have read that it is possible to fight a default judgment, had I listened to advice such as yours I would NOT have won a settlement for constructive eviction from a TX apt. complex...thanks again!

    [url]http://www.selfgrowth.com/articles/Judgements_Liens_and_Other_Legal_Issues.html[/url]



    [url]http://books.google.com/books?id=AioIR4_eKCAC&pg=PA442&lpg=PA442&dq=can+default+judgments+be+fought&source=web&ots=Z2NQel__p p&sig=m0H2v77dyscYl1_AghCYO-09H_o[/url]
  6. #6
    tranquility is offline Senior Member
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    Be sure to report back on your success on the motion. Later, if you magically reopen a 6 year old case you knew about at the time but now think shennagins went on, let us know how your trial works out.

    Info edit:
    For where you can base your hope:
    Rule 60.02 of the Tennessee Rules of Civil Procedure. Rule 60.02 provides:
    On motion and upon such terms as are just, the court may relieve a party or
    the party's legal representative from a final judgment, order or proceeding for the
    following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2)
    fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or
    other misconduct of an adverse party; (3) the judgment is void; (4) the judgment has
    been satisfied, released or discharged, or a prior judgment upon which it is based has
    been reversed or otherwise vacated, or it is no longer equitable that a judgment
    should have prospective application; or (5) any other reason justifying relief from
    the operation of the judgment. The motion shall be made within a reasonable time,
    and for reasons (1) and (2) not more than one year after the judgment, order or
    proceeding was entered or taken.
    Last edited by tranquility; 02-12-2008 at 10:22 AM.
  7. #7
    Rexlan is offline Senior Member
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    Don't you just love it when posters ask a question and then proceed to tell you what an idiot you are because they don’t like the answer or reality of the situation ....lol. I see on the same site she referenced they have a section for “ Brain Improvement & IQ” … lol
  8. #8
    seniorjudge is offline Senior Member
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    Quote Originally Posted by tranquility View Post
    After the time to appeal? Umm...0%.

    I think this is overly-optimistic!

    There are two rules for success:

    (1) Never tell everything you know.
  9. #9
    tranquility is offline Senior Member
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    I'm not sure it's overly optimistic as I admit I rounded the vanishingly small decimal.

    Oops! I forgot to carry the three because the OP will get an attorney. Let's see....0%. (Again, rounding the vanishingly small, albeit different, decimal.)
  10. #10
    MVsmiths is offline Junior Member
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    aside from the joking

    If a judgment is invalid it is invalid. As indicated in the letter that the judge wrote to me, I can bring on suit, creating a totally different docket.

    The fact that the creditor is assumingly going to make an attempt to renew this judgment as well as the fact that it has reported to my credit for the past 6 years gives me another chance as it has to be renewed through the court in which I can most certainly challenge the validty. I have already disputed this judgment off of two of my reports.

    If I choose to sue for damages of obtaining a default judgment against me while knowing that the actions taken were against the law....why can't I do that? After all anything reporting to ones credit has to be !00% true!

    I do not plan to re-open this case, but to bring suit against it....I have all of the documentation as to where many many inconsistancies have been found. I am not opposing any answers here either!

    Again, thanks all
  11. #11
    seniorjudge is offline Senior Member
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    Regardless of how you phrase it, you have no case.

    Zero

    Zip

    Nada

    (even if, period, end of story).
    There are two rules for success:

    (1) Never tell everything you know.
  12. #12
    VeronicaLodge is offline Senior Member
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    Quote Originally Posted by Rexlan View Post
    Don't you just love it when posters ask a question and then proceed to tell you what an idiot you are because they don’t like the answer or reality of the situation ....lol. I see on the same site she referenced they have a section for “ Brain Improvement & IQ” … lol
    and they always magically find the "right" answer right after they don't get it here!
  13. #13
    seniorjudge is offline Senior Member
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    Quote Originally Posted by MVsmiths View Post
    aside from the joking

    If a judgment is invalid it is invalid. As indicated in the letter that the judge wrote to me, I can bring on suit, creating a totally different docket.

    The fact that the creditor is assumingly going to make an attempt to renew this judgment as well as the fact that it has reported to my credit for the past 6 years gives me another chance as it has to be renewed through the court in which I can most certainly challenge the validty. I have already disputed this judgment off of two of my reports.

    If I choose to sue for damages of obtaining a default judgment against me while knowing that the actions taken were against the law....why can't I do that? After all anything reporting to ones credit has to be !00% true!

    I do not plan to re-open this case, but to bring suit against it....I have all of the documentation as to where many many inconsistancies have been found. I am not opposing any answers here either!

    Again, thanks all
    Be sure to have your "paralegal" explain what collateral attack is and why such a thing is not favored by the courts.
    There are two rules for success:

    (1) Never tell everything you know.
  14. #14
    tranquility is offline Senior Member
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    I'm sorry it seems like we're making light of what you consider a wrong, but you don't have any realistic chance under your facts. Society likes judgments to be final for many reasons. I won't go into the policy reasons, but I'm sure you can figure most of them out. But, defaults are a little different because there is sometimes an unfairness if a person is not heard by no fault of their own. Most often it is because of a lack of notice. You had notice in that this was a tenant issue. You either abandonded or were told to leave the place six years ago. Even if service was bad, either event should have put you on notice of things or dirtied your hands on any equitable remedy you think you may want.

    You can't just sit on your rights is another equitable maxim on which the term latches is based. You've clearly known about this a long time and have not acted. The only way you have a chance to set aside this judgment is on a claim of equity. The problem is that no matter what the landlord/creditor did, you didn't do things in a manner for a judge to feel you deserve equity. Being young and scared is not an excuse. You had a long time to answer and seek redress. Even though I don't think you would have a snowball's chance unless there was a notification issue you jumped on the moment you found out about the default judgment, after six years? No way.

    If people can reopen cases six years after judgments because they feel "steps taken before the court date are out of line with what the law reads" then we have chaos. Nothing will ever be settled. There is always an argument to be made. My best friend and I love to argue. We will take contrary positions even when we agree, just for the pleasure to discuss a topic in depth. We've spent an hour on if noon is day or night. Then again, we're just amusing ourselves and not taking up taxpayer dollars with frivilous arguments. That does not mean you can't do what you plan. Perhaps your collateral attack will work. Not because you're right, but because the creditor will tire of the fight. But, be careful. Malicious prosecution and abuse of process is a tort. From the sounds of it you have a bit more money now than you did then. Poking people tends to arouse a desire to poke back.

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