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Alexia Esq.
Alexia Esq., Managing Attorney
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i won a judgement against an attorney in the court of law...he

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i won a judgement against an attorney in the court of law...he still went and filed a judgement on my credit after the case was decided in my favor..is this a crime?
Submitted: 2 years ago.
Category: Legal
Expert:  Alexia Esq. replied 2 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

Hi, with regard to your post:

i won a judgement against an attorney in the court of law...What was that case about?

 

he still went and filed a judgement He can't create a judgment - only a court can, so can you clarify what you mean by "judgment"?

 

on my credit after the case was decided in my favor..is this a crime?A judgment is automatically placed on your credit reports by the major credit bureaus - the judgment holder does not do anything to make that happen.

 

Now, if that lawyer did NOT actually have a judgment, as you indicated, but simply reported you as delinquent on a matter that you have already proven you are not delinquent on (or that you know is not a really claim of delinquency), while it may not be a "crime", per se, it WOULD be actionable defamation that could sue him for AND, may also be a violation of the Fair Credit Reporting Act - so those are likely 2 areas I would investigate first, in terms of considering it I wanted to pursue legal recourse against him.

 

I hope this helps clarify for you.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An ACCEPT also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.

Customer: replied 2 years ago.

the case was about me owing him money for work he did for me..i won the case by showing he double/over billed me tremendously..there was a jury of 6 and the case took a week to hash out..i not only won, but was awarded $135K back..he has filed an appeal of this case..it is in the appeals court now..

 

but, i received notice by the courts that he placed a delinquency anyways with the court that i now have to defend..

 

with the court finding against in on every count and for me in my countersuit..i am just wondering what's my recourse..do i have to wait for the appeals court to formally sue this guy for defamation? and violating the fair credit act?

 

Expert:  Alexia Esq. replied 2 years ago.
Good morning,

Thank you for clarifying:

the case was about me owing him money for work he did for me..i won the case by showing he double/over billed me tremendously...Good show!

 

there was a jury of 6 and the case took a week to hash out..i not only won, but was awarded $135K back..he has filed an appeal of this case..it is in the appeals court now..

but, i received notice by the courts that he placed a delinquency anyways with the court that i now have to defend... What do you mean he "placed a delinquency". Are you saying he has SUED you based on the same set of facts you just litigated and won?

with the court finding against in on every count and for me in my countersuit..i am just wondering what's my recourse..do i have to wait for the appeals court to formally sue this guy for defamation? I am very confused on what he filed - I can only imagine it is a complaint on the same issue. If that is the case, you can Answer it and plead in your defense section that the claim is barred by the doctrines of "res judicata", claim preclusion, issue preclusion etc. and attach a copy of the Judgment on those issues to your Answer. Then file a Motion to dismiss based on those defenses. and violating the fair credit act? I don't see that you have to wait for your claims, no - regardless of what he filed. He sounds incredibly unethical AND unprofessional.

I hope this helps clarify for you.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An ACCEPT also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.

Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11839
Experience: 19 Years of Legal Practice Experience in this precise field.
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Alexia Esq.
Alexia Esq.
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19 Years of Legal Practice Experience in this precise field.