How do you get a judgment overturned?

Question

I am a Pennsylvania resident. My ID was stolen back in September of 2004 and two mortgages were taken out in my name down in Florida.

I was served a summons in March 2005 for failure to make payments on one of the homes. This was the first that I knew of this mortgage. I hired a lawyer to handle the case for me and he did nothing, but put me in a worse situation. The case went to court, the home foreclosed upon and a judgment entered against me in August 2005.

Since that time, I've cut off ties with the lawyer and have been trying to handle on my own. I've been cleared of the one mortgage and am seeking advice as to how to get the other case reopened and the judgment overturned.

I've tried to contact the judge with all of my paperwork showing that I was a victim of ID theft and the supporting documents (bank statements, letters of clearance, etc.) and she said that there was nothing that she could do.

Does anyone know how to get the case reopened and judgment overturned?

Thanks

Answer 1

The judgment may be void for want of proper service of process; although that possibility is not clear from your writing. If that is true, the Florida plaintiff tries to enforce the judgment in your state, the fact that you never appeared or defended may be dispositive.

If your lawyer is guilty of malpractice and you therefore have a judgment entered against you -- or the judgment was not overturned on appeal -- you have a claim against him and his malpractice insurer.

I would write him and warn him to "notify your malpractice insurer". Failure to notify them might cause them to deny cover.

But I really don't have enough information to give you solid advice.

Further comment: by and large, honest banks do not try to enforce judgments wrongfully entered in identity theft cases. It seems to me that there has been a dialog of the deaf. You may want to seek the help of newspaper consumer columns, the police, the FTC and any other government agencies concerned with the crime.

The problem is that a judgment, once final, cannot be appealed. On the other hand, if the bank was made aware of the identity theft and did nothing and pursued a wrongful case against you, that may provide an avenue for relief.

Answer 2

Prove the ID theft and gather evidence that you did not contract the mortgages under your name. File an appeal in the higher court to review your case with a prayer to overturn judgment against you based on newly discovered evidence establishing the ID theft and that the mortgages were not contracted by you.

Answer 3

You need another attorney. It is highly unusual for a judgment to be entered where the defendant can prove s/he is not the person who signed the document(s) on which the judgment was based. Without knowing how & why the judgment was entered in your case no one here can give you any usable ideas on what to do about it.

Answer 4

appeal on grounds of new evidence. Ask for a mistrial because your lawyer did not act in your best interest.