What is the name of your state?missouri
My apologies for the length.
Last year my now-fiancé was a defendant in a lawsuit brought on by a credit card company involving mistaken identity (someone used her name, but a different social security number to secure and use a card). As she is on a fixed income and could not afford an attorney, she appeared in court, unrepresented, but each time, the plaintiff’s attorney asked for a continuance as she looked into the matter. This went on for 5 months (5 continuances). Every time she had to let the court clerk know that she was there, as her name was not read from the roll, even though she was told to appear the previous month.
The last time she appeared, her name was not read and she approached the plaintiff’s attorney, who then denied even knowing her. She did have the attorney, in the presence of the bailiff, sign and date a business card from the attorney. The baliff informed her that since she was not on roll, she was free to go home.
Later that week, a judgment was issued against my fiancé as a no-show for that date.
She had since contacted an attorney at my insistence, who told her that since she was on a fixed income, they would be unable to collect and not to worry.
My questions are: 1. Does she have any recourse to get the decision set aside this late in the game (nearly a year later) ?
2. Would I become responsible for the judgment when I marry her later this year?
3. Should the attorney have a complaint filed against her for unethical actions?
4. Should she sue for damages herself?
Thank you!
My apologies for the length.
Last year my now-fiancé was a defendant in a lawsuit brought on by a credit card company involving mistaken identity (someone used her name, but a different social security number to secure and use a card). As she is on a fixed income and could not afford an attorney, she appeared in court, unrepresented, but each time, the plaintiff’s attorney asked for a continuance as she looked into the matter. This went on for 5 months (5 continuances). Every time she had to let the court clerk know that she was there, as her name was not read from the roll, even though she was told to appear the previous month.
The last time she appeared, her name was not read and she approached the plaintiff’s attorney, who then denied even knowing her. She did have the attorney, in the presence of the bailiff, sign and date a business card from the attorney. The baliff informed her that since she was not on roll, she was free to go home.
Later that week, a judgment was issued against my fiancé as a no-show for that date.
She had since contacted an attorney at my insistence, who told her that since she was on a fixed income, they would be unable to collect and not to worry.
My questions are: 1. Does she have any recourse to get the decision set aside this late in the game (nearly a year later) ?
2. Would I become responsible for the judgment when I marry her later this year?
3. Should the attorney have a complaint filed against her for unethical actions?
4. Should she sue for damages herself?
Thank you!