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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91096
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If I have council, ( I have all docs showing debt was satisfied

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If I have council, ( I have all docs showing debt was satisfied in part, prior to my ex signing the zero financial affidavit) 3 months after spending over $800k+. should they file a motion to vacate judgment based on new evidence,attaching the fraud prior to 2008 and all evidence from 2009-2012 just prior to signing another financial affidavit of zero, prior to compliance hearing? If so, Is it possible the judge could throw it out and not be able to file post compliance hearing? Seems to me it would be unethical for council not to inform the judge of fraud as to why the original calculations should be none of which they are before i am wrongfully jailed, making it a travesty of justice. Seems to me the judge relies on council ethically to set the record straight. so, should the vacate be filed before compliance hearing. could the judge throw it out, pending the compliance hearing, if its thrown out, can it be refiled? Or, is it best to file post compliance. My ex has displayed severe wanton behavior from day one.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question.

Yes, your counsel should file to vacate the judgment based on the newly discovered fraudulent documents and newly discovered perjury, since fraud is grounds for good cause vacating judgments. The judge would have to have another hearing with the new calculations based on the evidence you found out now. Your attorney should indeed have informed the court of the fraud if your evidence proved that fraud and to not have done so would be malpractice.

You should file this motion as soon as possible which would delay the compliance hearing because once the fraud is heard and if the court vacates that order, then the compliance hearing is not necessary.




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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91096
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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