How do I remove a judgement against me if I was sued in error?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

How do I remove a judgement against me if I was sued in error?

My landlord sued me for unpaid rent in error. He admits that the error is his and I can provide documentation that I’ve never missed a rental payment. For the past 3 months he was to get this corrected but has not. I want to move but am afraid to based on this judgement.

Asked on July 1, 2011 under Bankruptcy Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From the way that you have phrased the question it appears that this judgement may have been obtain by default - or without your appearance in court - correct?  Then you need to go to the court in which the judgement was given the landlord and make a motion to vacate the default.  You will have to give a reasonable excuse for the default - your failure to answer the court papers in the first place - such as a failure to be properly served, etc., and in some states you need to show a meritorious defense.  You have the latter: the receipt for the payment of the rent.  Once the fdefault is vacated you ask to put in an answer.  Then you can put in an affirmative defense of full payment under the contract (your lease).  Good luck to you. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption