Can a Default Judgment of Fraud and Failure to Administer Trust be overturned?

[Yappit]

What is the name of your state? California

January 2003, my attorney served my relative with a lawsuit after a blatant breach of fiduciary trust, failure to administer a revokable living trust, and commitment of fraud. A judgment was won by me in California where the funds regarding the relative originally sat. Then a "sister" judgment was granted in Oregon, validating the Default Judgment (the defendent was properly noticed, but never hired an attorney and did not show up to defend herself). Then around December, my attorney started collection procedures: was about to foreclose on relatives properties in Oregon, and demanded a judgement debtors exam. Well, after knowing about this lawsuit since january 2002, she FINALLY hired an attorney who must have told her that the only way out of this mess right now is for them to go down to California and get a "stay". It was done and the California judge granted a "stay" until this month. The relative is now trying to overturn the original judgment. There is proof that I was defrauded, that I never received my cut and dry inheritance, that the relative bought a 2nd home from what should have been my funds, etc. What are the chances of the Defendant getting my long sought out judgment overturned? Its as if she waited till the last second, while it was all the way into collections that she hired counsel. Does'nt that look bad to a judge?

 

[seniorjudge]

I am assuming (because you were not clear) that the CA judgment was a default judgment. Courts do not like default judgments because only one side got to tell his story.

But as to your chances, they are the same now as when you first filed suit: 50-50.

 

[Yappit]

Yes, it was a Default Judgement and we have proof of service, notice, etc. She has admitted guilt to my attorney early on in the case , even admitting to owing about $120K in a recent Declaration she submitted. Thanks for reply.