Skip to main content

Who can I sue? I am very angry. A default judgment was won against me in Minnesota for monies that my former fiance owned to a

New York, NY |

Homeowner's Association. I was not on the title or deed and never was responsible for the HOA payments. They are trying to collect on this judgment via a collections agency who contacted my family member and embarrassed me. I have a 780 credit score and have never had a late payment in my life. Is my good credit at risk? Are my assets at risk? I think it is very unfair that I have this much stress over a property and debt that was never mine. Is this not an FDCPA violation? Please help.

Attorney Answers 4

Posted

If the judgment is in Minnesota I suggest you re-post your question on the Minnesota Avvo page.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Mark as helpful

2 lawyers agree

Posted

I think you need to prioritize your issues. If you have a judgment out there against you that shouldn't be, your energy and resources need to be focused on that issue, not who you can sue. You can sue people once you clean up the underlying problem.

First, verify the existence of the judgment. Contact the court where the judgment was supposedly entered and obtain a copy of the court file (this would likely be the county court where the property was located). In addition, in the court file, you will want to find the affidavit or proof of service. That document will tell you how you were allegedly served with the summons and complaint.

A word of caution, and I can't speak for MN law, but the CC&R's (HOA rules and regulations) can be and often are a separate agreement. "Residents" in an HOA can be bound to the CC&R's even if the resident is not on deed to the underlying property. So, the judgment could be valid...or, at least it is possible. But, as I said, first do some leg work to gather the necessary information to even figure out the next move.

Then contact an attorney in MN to figure out your next step.

Mark as helpful

2 lawyers agree

5 comments

Asker

Posted

Yes, but I only lived there for about 4 months. If I have to now go to all of this trouble and distress, I do want to file suit against someone. This is not fair.

Asker

Posted

Also, they have my last name wrong. They are listing me with the last name as my former fiance, which has never been the case.

Matthew Scott Berkus

Matthew Scott Berkus

Posted

I understand your frustration, but you are talking about step 49 and you haven't passed step 1. Yes, it is a hassle, and I am really sorry about that. But before you can do anything and before anyone can help you, you need to start gathering information as I suggested.

Asker

Posted

Since they have my last name wrong on the judgment, do you think this will show up on my credit? Can they just pull my money out of my bank account? I need to know if I can fight this slowly or if it's like putitng out a fire, so to speak. I am supposed to leave for vacation Sunday.

Matthew Scott Berkus

Matthew Scott Berkus

Posted

Pull a free credit report from annualcreditreport.com. However, you are WAY ahead of yourself. Regardless of who you might be able to sue, your FIRST action is to get the judgment overturned. That is going to require a Motion to Set Aside Judgment. Since it appears you live in New York, you will need to hire an attorney in MN to fight this.

Posted

You should contact a lawyer in Minnesota to vacate the judgment as it was likely defective.

I do NOT know you. I am NOT your lawyer. This answer is provided for the general public who may have similar queries. The answer provided is NOT definitive. I do NOT know all of the facts of your case and NO attorney-client relationship is established. Please do not use my answer to tell your lawyer what to do. Free advise is worth exactly what you are paying. Trust the lawyer who is charging you for his/her time and expertise. If you can no longer trust your lawyer, then hire someone else. I am always interested in new clients and business opportunities and would welcome your call or email to discuss matters further. For more information, please feel free to visit my website or schedule an appointment.

Mark as helpful

1 lawyer agrees

Posted

Find a Minnesota attorney to vacate the judgment. After that is accomplished the phone calls and collection activity could be addressed.

The information contained in this posting is for general information purposes only and does not constitute legal advice. The furnishing of this information does not create an attorney client relationship. An attorney client relationship requires the furnishing, review, and signing of a retainer agreement.

Mark as helpful

2 lawyers agree

Sued for debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics