If a judge has recently ruled against you in a debt judgment, you may be facing overwhelming amounts of debt. However, just because the judge rules against you doesn’t mean it’s the end of the road. You have rights as a consumer that include filing a motion for relief from a wrongful judgment.
We expect the justice system to be fair. However, in the legal system, judges and clerks can make errors. Jurors can choose prejudice over justice. Companies can present fraudulent evidence and tamper with jury members.
Even though the legal system is flawed, you can fight for your rights against a wrongful judgment.
There are many reasons why you might be looking for relief from a judgment, but there is a limited amount of time that you can ask the court to look at your case again. Let’s look at the valid reasons for filing a motion for relief of judgment.
Discovery of New Evidence
Perhaps you could not find evidence to support your claim that a company canceled your health insurance for nonpayment in error. However, you have gone through records since the summary judgment and discovered compelling and clear evidence that the company was in the wrong.
Discuss this type of evidence with your attorney to determine how to take the next step forward out from under the wrongful judgment.
Jury Prejudice
If your jury had a prejudiced view of you and you can prove it in a court of law, you have grounds to file a motion for relief. During the original jury selection, your lawyer can ask the judge to dismiss jury members based on information that suggests a juror is prejudiced about the case. This is called “dismissal for cause.” Your lawyer can also have jury members dismissed in the early stages of your case for reasons related to how they perceive where the juror stands on issues related to the lawsuit.
An example of a dismissal for cause is a juror related to one of the lawyers or working for an insurance company suing you for monies. If you find out after the trial that a critical juror was compromised and served in an unethical manner, you may have grounds for a motion for relief of judgment.
Insufficient Evidence
If your judgment occurred despite lack of evidence, you might have grounds for a motion for relief from judgment. The company suing you must have substantial evidence of each element they wish to prove and concrete proof that you are the party who owes the debt.
If they did not present clear and convincing evidence, contact a consumer rights attorney to plan your motion for relief from judgment.
Jury Tampering
If there is proof that the company suing you has paid a juror to testify against you or that they have somehow stacked the deck of jurors in an unethical manner, you can file a motion for relief. A company that chooses to engage in shark bite tactics should never win a judgment against an individual.
Your best bet is to find a consumer rights attorney to help you come against a company that would choose to engage in illegal and criminal tactics.
Conflict of Interest By the Judge
If the judge in your case is part of a daily business club and regularly golfs with the president of the company suing you, there might be a conflict of interest. If you find proof that the judge in your case is making compromised decisions based on a previous or current relationship, talk with your consumer rights attorney about how to file a motion.
Court Paperwork Mistakes or Errors
Sometimes courts and clerks make errors that can affect your judgment. Beyond that, companies that sue you can also wrongly identify you as the one who owes a debt. The occurrence of the Student Loan Trust scandal is a good example. The trusts that owned student loans and sued student borrowers for payment did not possess the loans’ original signature pages. The trusts had no proof that they legally owned the debt.
In a case where a company cannot prove that you owe money, you have the right to file a motion for relief. No one should have to pay for a debt they do not owe.
Fraud
If a company engages in outright lies or unethical behavior that you can prove, you may have grounds to file a motion for relief. Anytime you can prove that someone has no right to file against you in court, you can win. The judge can set aside the jury’s verdict and allow relief from a final judgment on the grounds of fraud, misrepresentation, or misconduct. You must prove that this fraud prevented you from fully and fairly presenting your case.
You Are Not Alone
When a judge or jury decides a case, it can be hard to go against the decision. You may need help to overturn a decision that a judge made to rule against you despite evidence that you were in the right. We work with you to file motions to modify or overturn a judgment in which fairness demands another trial. When court officials make mistakes, you need an experienced judgment relief attorney to look at your case and determine how to uphold your rights.
Find Help
It can be hard to prove that there was no justice in your case. However, with an experienced LawZebra attorney on your side, you can begin to take the next steps toward justice. Our LawZebra attorneys diligently fight for your rights. We uncover any evidence that the court mistreated your case. We file the appropriate motions and petitions to find you relief.
LawZebra is a nationwide network of attorneys dedicated to finding relief from judgment for those wronged. We always provide a free initial consultation. The offending party pays the legal fees for your case. Whether it was a mistake or an intentional libel that brought you an unwarranted judgment, we will walk with you through the process of getting relief and finding your way back into a life without a judgment hanging over your head.