How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26598
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Legal Question Here...
Roger is online now
A new question is answered every 9 seconds

A Judgment has been wrongfully issued against me in the amount

Resolved Question:

A Judgment has been wrongfully issued against me in the amount of $1,903.00. I know that the Plaintiff has been fraudulent for many years in her reporting of her income, how many people truly live with her, settlements she has received, etc., to the State and Government so that she would continue to receive rent subsidy and assistance. She has also wanted me to commit fraud with her by claiming her son on my health insurance, to which I declined. It was after this that she started claiming that I owe her money. She made it sound in court as if she were the victim. I need this to stop once and for all, for she is not only ruining my life but stealing benefits from people who truly need them. She has never provided rent receipts for the amount she was paying or the phone contract. Please advise me as how I should proceed. I do not owe her money and I can prove she is a fraud.

FINDINGS OF FACT
1) Plaintiff and Defendant lived together in Plaintiff's home from January 2010 to September 2010.
2) Plaintiff paid rent for her home every month. Plaintiff asked Defendant to contribute to rent while he lived with her. Plaintiff and Defendant never reached an agreement regarding rent, however. According to Plaintiff's testimony, the parties never agreed on how much money Defendant would pay towards rent.
3) Defendant borrowed money from Plaintiff for a variety of reasons during parties' relationship. Defendant agreed to pay Plaintiff $200 per paycheck as repayment for the money Plaintiff had lent him. Defendant arranged for an automatic payment of $200 to be directly deposited into Plaintiff's account through his paychecks.
4) Plaintiff kept contemporaneous records of the amounts of money she had lent Defendant and the amount of money Defendant repid her. Defendant did not keep a record of money borrowed or money repaid.
5) Plaintiff bought cell phones for herself, her sons, Defendant's son in March 2010. The cell phone plan Plaintiff paid for cost $200 per month. Defendant agreed to pay one-half of the cell phone plan each month.
6) Plaintiff canceled the parties' cell phone plan in May 2011. Defendant was on Plaintiff's cell phone plan for 15 months. Defendant should have paid Plaintiff a total of $1,500 for his part of the cell phone plan.
7) Defendant paid Plaintiff $200 per paycheck during the pay periods ranging from January 22 to March 14, 201. During March 28 to April 25, 2010, pay periods, Defendant paid Plaintiff $100 per paycheck. Defendant paid Plaintiff a total of $2,350 through automatic deposit during 2010.
8) Defendant again set up automatic payment to Plaintiff through his paycheck in 2011. During the pay periods running from January 2 to February 27, 2011, Defendant paid Plaintiff $100 per paycheck. Defendant paid Plaintiff a total of $500 through automatic deposit during 2011.
9) Defendant repaid Plaintiff $2, 730 in cash for money Plaintiff lent him during their relationship.
10) The total amount Defendant repaid Plaintiff through direct deposit and cash payments was $5,580.00.
11) The total amount Defendant owes Plaintiff for money borrowed during their relationship including his part of the cell phone plan, is $7,408.00.

Based on the foregoing Findings of Fact, the Court hereby makes the following:
CONCLUSIONS OF LAW

1) Plaintiff brings this action against Defendant for breach of contract.
2) A contract that is implied-in-fact is a true contract requiring a meeting of the minds on the agreement's essential elements. Roberge v. Cambridge Co-op Creamery, 79N.W.2d 142 (Minn. 1956); Minneapolis Cablesystems v. City of Minneapolis, 299 N.W. 2d 121, 122 (Minn. 1980). A meeting of the minds may be manifested partly in oral words and partly by the conduct of the parties. Id.
3) Plaintiff and Defendant entered into an agreement wherein Defendant agreed to pay Plaintiff $200 per paycheck to repay Plaintiff for money she lent him. The parties' mutual agreement is evidenced by Defendant originally setting up automatic deposits to Plaintiff's account in the amount of $200 in January 2010.
4) Per the parties' agreement regarding Defendant's repayment of money he borrowed from Plaintiff, Defendant still owes Plaintiff $1,828.00.
5) Plaintiff has not proven by a preponderance of the evidence that the parties had an enforceable contract requiring Defendant to contribute towards Plaintiff's rent. Plaintiff did not establish how much money Defendant agreed to pay in rent and ultimately asks for rent to be paid retroactively.
6) Because Plaintiff is the prevailing party in this matter, she is entitled to her Conciliation Court filing fee of $75.00.

Based on the foregoing Conclusions of Law, the Court hereby makes and files the following:
ORDER

1) The Findings of Fact, Conclusions of Law, and Order for Judgment filed by this Court on June 8th, 2013 shall be VACATED in its entirety.
2) Plaintiff is entitled to judgment against Defendant in the amount of $1,903.00.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.

If a judgment has already been entered against you, then you have two options:

(1) you can file an appeal and have your case reviewed by the court of appeals/supreme court; the appeal would be limited to the facts and evidence presented at the trial of the case, and the appeals court would be allowed to only review those facts/evidence to see if the court applied the law correctly.

(2) you can file a motion with the trial court for relief from the judgment under Minn. Rule 60:

Relief From Judgment or Order

60.01 Clerical Mistakes

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 upon 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.

60.02 Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc.

On motion and upon such terms as are just, the court may relieve a party or the party’s legal representatives from a final judgment (other than a marriage dissolution decree), order, or proceeding and may order a new trial or grant such other relief as may be just for the following reasons:
(a) Mistake, inadvertence, surprise, or excusable neglect;
(b) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial pursuant to Rule 59.03;
(c) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(d) The judgment is void;
(e) 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 should have prospective application; or
(f) Any other reason justifying relief from the operation of the judgment.

The motion shall be made within a reasonable time, and for reasons (a), (b), and (c) not more than one year after the judgment, order, or proceeding was entered or taken. A Rule 60.02 motion does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided in Rule 4.043, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

Thus, if you believe the judgment was obtained by fraud, this may be the route you want to take. However, it is best to consult an attorney about filing an appeal or a motion for relief because both are complicated proceedings. But, you do have some legal grounds to challenge the judgment and seek relief.
Customer: replied 1 year ago.

I know that I need to file an appeal or motion for relief, but which one? I don't have the money to keep filing for motions/appeals or for an attorney that's why I am consulting you guys. Can you please assist me further?

Expert:  Roger replied 1 year ago.
Well, I can't tell you whether to appeal or to file the motion for relief, but the motion for relief from the judgment is likely more appropriate IF you're claiming the judgment was obtained by fraud. Take a look at rule 60.02(b) and (c), and if you believe you have grounds under that rule, you may want to go that route.

Also, if what you're wanting to try and prove in regard to the other party's fraud is NOT in the record from the trial court, you'd probably have to file the motion for relief from the judgment as opposed to an appeal because you're not entitled to argue facts or issues that weren't made at the trial court level.
Customer: replied 1 year ago.

Thank you so much. I will file a motion for relief. How do I go about that?

Expert:  Roger replied 1 year ago.
Sure. Glad to help.

As for how to do this, you file the motion for relief from judgment with the trial court just like you would file any other type of motion. Here's a good link you can read about doing this, grounds, case law, etc.: http://www.briggs.com/files/upload/Protecting_The_Right_To_Appeal_Post_Trial.pdf

There are no forms for the actual motion, but your local court clerk's office or local legal aid may have a form you could go by. Also, if you were to hire an attorney to assist, he/she certainly will have this documentation to file with the court.
Customer: replied 1 year ago.

One more question, please. How do I go about exposing the fraud/turning the Plaintiff in? If I mention it in the Motion for the Judge, will the Court pursue this or do I need to go directly to the State as well to ensure she is held accountable.

Expert:  Roger replied 1 year ago.
Yes, you would have to raise the claim that the judgment was obtained by fraud and present proof to the court. The court will not investigate the matter independently, but it will review the facts that you provide and opine on whether those facts support the judgment being set aside.

You can ALSO turn the person in to the state and they will investigate the person and can file charges/prosecute for any wrongdoing.

These would be two separate actions you can take.
Roger, Attorney
Category: Legal
Satisfied Customers: 26598
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 3 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions