We were sued for replevin in Missouri by the local bank. This all took place in a very small town where the bankers have serious high power connections. (the local district judge sat on the bank's board). Knowing this we begged our attorney to file for a change of venue. He told us he was filing a counter suit against the bank since the documentation they used in the replevin were fraudulent. He told us he was filing a suit against the bank for fraud. He told us he would appeal the judgement. He did nothing that he said he was going to do. We had absolute inadequate representation of counsel. Can we file an appeal to reopen our case?
Country relating to Question: United States
State (if USA): Missouri
trying to get lawyers to get our case on contingency as we are completely broke.
Hi, thanks for your inquiry! I have been practicing law for 17+ years and have specific experience with issues similar to yours. That being said...
Hi, you generally don't have the right to counsel in a civil suit, like you do with a criminal suit, so your own side's failure to make certain strategic moves likely won't get a vacation of the judgment.
(I am presuming you lost the case, yes?)
However, you can sue the lawyer for legal malpractice if he failed to competently represent you and that
failure resulted in your lost case and the judgment.
You may want to get your whole file from him and take it to another lawyer that is not sleeping with the enemy, to review.
if your lawyer's promises were reduced to writing, you may be able to prove he also breached his contract with you to do XYZ, and could possibly sue for the fee he charged you as well (assuming you paid it).
oh yes we lost. The bank produced fraudulent guarantees. The lawyer does not have malpractice insurance. The lawyers all want huge retainers to even review our case. We do have an attorney here in California that was working with us, but the bank motioned to have the case moved back to MO even though they did serious harm to our companies in both states.
I'd tend to think that while change in venue may not
have been the motion, he should have file a Motion requesting
the judge recuse himself based on such an outragious conflict of interest. And, now that I review that conflict,
no we have to be moved from the district court to the federal court.
that conflict COULD possible be a grounds for a Motion to Vacate Judgment and if that fails, appeal it.
this happened in July of 2011, are we to late?
I can't scroll up to read your latest, I must switch us to Q&A so it is easier.
What Happens Now?Your chat has ended, but you can still work with your Expert to get an answer to your question if you have not yet received one.Come back to this page at any time to see additional information from your Expert. You will also receive an email when your question is updated. If you want to send a message to your Expert, use the box below.If you have already received a satisfactory answer to your question, click the Accept button above. Experts are credited for each accepted answer they provide.
this all happened in July of 2011 are we to late?
With regard to:
oh yes we lost. The bank produced fraudulent guarantees. Fraud CAN be a grounds to vacate the judgment, and typically has a shorter time period of 1 year - do it NOW.
The lawyer does not have malpractice insurance. So what, you can levy bank accounts, lien his home, assets, etc. That wouldn't stop me.
The lawyers all want huge retainers to even review our case. Yes, it is very time consuming, I am afraid, and I suppose they need to eat too.
Let me see if I can access your MO rule on vacation of that judgment. Be right back!
this happened in July 2011 are we to late? and is there any attorney in KC, MO or Springfield MO that will help us on a contingency basis?
Here you go: You have 1 year to file a motion to vacate the Judgement on the basis fo fraud.74.06. Relief From Judgment or Order( a) Clerical Mistakes - Procedure. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected with leave of the appellate court.( b) Excusable Neglect - Fraud - Irregular, Void, or Satisfied Judgment. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment or order for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (3) the judgment is irregular; (4) the judgment is void; or (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment remain in force.( c) Motion Under Subdivision (b) - Affect on Judgment - Time for Filing - Notice of Hearing - Service. A motion under subdivision (b) does not affect the finality of a judgment or suspend its operation. The motion shall be made within a reasonable time and for reasons (1) and (2) and (3) of subdivision (b) not more than one year after the judgment or order was entered. The motion and a notice of a time and place for hearing on the motion shall be served upon the parties to the judgment pursuant to Rule 54....Also, consider filing a complaint with the State ethics board for the potential judicial misconduct of the judge in not just recusing himself and allowing an "appearance of impropriety" by handling a case where a party is the very company he sits on the board of. Hope this helps.-------I hope this clarifies and I wish you the best. If anything in my answer is unclear, please hit REPLY and let me know which part needs some follow up and I will work on answering that for you. If I do not respond right away, please know that I am diligently working here on your question and I will be back as soon as possible, after engaging in any necessary and prudent confirming research to ensure that no recent legal changes have occurred that would effect your answer. Please also know that your expressed satisfaction with my answer is my top priority, and my time here today with you supports my volunteer work for the Disabled in the U.S. You can ask for me directly in the future by starting your post with "To Alexia Esq."Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need.
19 Years of Legal Practice Experience in this precise field.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).