A civil judgement was ordered for my husband, my daughter and myself. It is against a business that my daughter owns and my husband manages. I have nothing to do with the business whatsoever since it started 10 years ago, but i was linked into to the judgement because I was a liason between the two arguing parties to try to come to terms before court. The other party would not come to an agreement with my husband and daughter unless I signed the agreement as well, even though i have no liability in the business. So I signed under duress. There was a hearing without our knowledge, we were never served or received anything certified in the mail of a hearing and now we defaulted. If known of hearing, we have enough evidence to have won our case, I am certain. The judgement is for $275K. How can I overturn the judgement if not for all then at least for myself, since I shouldn't have been a part of it. We live in Michigan, but the court is in West Virginia. I will consider hiring a lawyer in West Virginia, but I don't have much money, my husband has stage 3 cancer and his treatments are expensive and have depleted us.
If it is not too late you could make a motion for reconsideration because you were not served notice of the hearing. Usually a note for a motion a reconsideration must be served within 10 days of the judgment. Otherwise you should be considering an appeal. And if you must be filed within 30 days of the judgment. And appeal they give you an opportunity to whittle down that judgment
Unfortunately, this forum cannot allow you or an attorney to provide the level of detail needed to fully advise you. Neither can any lawyer solicit your business on this forum.
Because there are very short time limits for some of the actions you might take, like a motion to vacate the judgment or an appeal, you need to contact a lawyer right away. Unfortunately, you will need to find a way to pay for one because not having one has you in this predicament. Duress will be difficult to show because you had an option - not to sign anything and make them prove their case in court. A lawyer should have been contacted when you were sued and when this offer was made by the other side.
Use the Find a Lawyer feature here to seek out a civil litigation attorney in the area where the court issuing the judgment is located. Or do a Google search. Or contact the lawyer referral service at the WV Bar, www.wvbar.org. But get a full consultation with a lawyer in WV right away.
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