How do I appeal a debt judgement in Utah that was obtained with false info? My petitions to court have been ignored.

Asked almost 5 years ago - Bowling Green, KY

Original contract from 1996 cancelled in good faith. Unable to attend court (over 1000 miles away) and petitioned court for teleconference appearance -was ignored. Default based on lies by collector. Also rights under Fair Debt Collection Act violated. Sent objection to judgement right away - again ignored by court. They always claim not rec'd even though sent "certified mail".

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . If a final ruling was entered in court in part or in whole because you did not attend and your request for a teleconference was denied, you are likely out of luck.

    Lawyers are miracle workers, and the reality is, once you get a judgment against you, or a series of rulings, etc., it's usually impossible for an attorney to do much. The time to get an attorney is when you're first involved in a suit so that defenses can be developed, not after the fact when the matter is so finalized no lawyer can assist you.

    Good faith cancellation -- what evidence did you present? That is not a common contract defense.

    Unfortunately, if you mess your case up by doing the wrong things, even the best attorney can't fix it.It's not a great idea to represent yourself in court. You do, however, have the constitutional right to do so. If this were the start of your case I would recommend spending an entire day in the court to observe how judges handle self-represented defendants to get an idea of how irritated they get at amateur lawyering. If you really want to represent yourself, you should purchase an hour of an attorney's time to have her or him coach you on how to handle things. A better choice is simply to hire an attorney.

    Going on through an appeal process without an attorney is very difficult and leads to lots of problems that can be avoided. But here, yours are already in existence.

    Good luck.

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