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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10238
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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Can a judgment be vacated on judgment that involved personal

Customer Question

Can a judgment be vacated on judgment that involved personal guarantee under a partnership, however, when the suit was filed, it was filed as a corporation. A lawyer think i could use Plea to Jurisdiction because you sign a personal guarantee under the partnership not in your corporate capacity.
Submitted: 10 months ago.
Category: Business Law
Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

It is possible to have a judgment vacated, but understand that this is a 2 part analysis.

The judgment is already entered against the defendant as named. So if you are fortunate enough to get the judgment set aside (claimed inadvertance, mistake, or excusable neglect in failing to respond to a "default judgment", or on appeal in the case of an entry of judgment), you then are forced to litigate the underlying issue.

Once you reach the second part (the underlying issue), you can address how the guarantee is identified, and whether or not it was properly named, etc. - but keep in mind, if the issue is simply that the plaintiff named the wrong party, they will likely simply file to amend their complaint and you will then be left defending the action on its merits.

If you have local legal counsel, I am certain that they have a strategy in mind to assist you, but the above is the framework that you have to work through.

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