No not yet. We have two contacts First Resolution Trust Corp, and a local lawyers office who represented them.
Thank you for your follow-up, Cheri.That is where your spouse really needs to start. He could contact them and request information proving validity of this claim, and as he was never personally served, potentially file a motion in court later to 'set aside' the judgment and obtain a re-hearing. This is a bit of an outside shot, however--after 4 years most courts will likely ignore the petition and uphold the judgment since the other party had plenty of time to appeal. (Yes, I realize the argument is flawed since he never had knowledge, but if his ex was served and failed to show, then the judgment affects him same as her in this case). It does not mean that you cannot consider this option, it just has a fairly low chance of success. Historically what works best is a negotiation for a lump sum payoff of the debt in exchange for the removal of the hold. There is also potentially a claim against the ex for fraud and forgery if the debt is solely hers.Good luck.
She is not mentioned on the judgement, I did cross check under her name and there are not any lawsuits in her name. What we suspect is that she created the debt and then successful hid the same from her spouse. Although as the spouse she accepted service this information was never conveyed to her then husband. Does ignorance have any merit in this situation?
Thank you for your follow-up, Cheri.A spouse accepting service on behalf of the other spouse is considered valid, and consequently that would not void service or the suit. In terms of ignorance, that does not help, but arguably your spouse would have a suit for 'breach of fiduciary duty', that is failing to properly disclose or inform him of this suit. It would not negate the suit, but it may permit him to sue the ex and recoup his losses.Good luck.
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