Can a civil judgement from 7 yrs ago be overturned? Can i go back 2 court to argue original judgement.

Asked about 1 year ago - Baltimore, MD

i rehabed a house and the plumber did some work directly for me and work thru a contractor working on the house. I paid contractor directly who billed plumber hours when work was done thru him (they were friends) No contract ever written up. Then got a bill from plumber for twice as much as work done for me. I asked for the labor hours and he never produced. As well never gave me a written contract for work on the house. I was then taken to court but was unaware so did not make the court date so obviously I was now on the hook for the full amount. I have been disputing w/ plumber and his lawyer to try and clear up, but the bill keeps increasing and 10%. There are some more details but not enough characters, but this is basic overview. Thank you. very stressed about this .

Attorney answers (4)

  1. Christine B. Adams

    Pro

    Contributor Level 20

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    Answered . However, given the length of time that has passed since the judgment was entered, you will probably be fighting an uphill battle. If you plan to pursue the course of action described above, I recommend that you consult with an attorney in your area who can advise you on the strengths of your case and your state’s Code of Civil Procedure.

  2. Jeffrey P Nesson

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    Contributor Level 14

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    Answered . Your only defense is to prove you were never properly served. Very difficult. Facts don't matter at this point. Only bringing case to lawyer is an option for review. If you were served can't retry case and negotiating a settlement or bankruptcy are options to pay less than full amount.

    This is not to be considered legal advise and no attorney client has been established.
  3. Matthew Scott Berkus

    Contributor Level 20

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    Answered . If it has been 7 years, and apparently when you found out about it, (which seems like some time ago) and still haven't done anything, probably not.

    However, if you were "never" served with the summons and complaint, and can "prove it," then you can set aside the judgment. Otherwise, too much time has passed. Courts like finality; they will not set aside a judgment without a solid reason (e.g. you weren't actually served and therefore the court lacked jurisdiction to hear the matter).

  4. Peter Walter Weston

    Pro

    Contributor Level 17

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    Answered . It is probably to long after the judgment to go back to present any new matters, you may be able to discharge this in a bankruptcy, if you qualify, or you can seek settlement to end this.
    Good luck

    General legal advice is offered for educational purposes only. A consultation with a qualified attorney is... more

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