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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I have a small claims judgement against me. I went to the

Customer Question

Hello, I have a small claims judgement against me. I went to the debtors examine and the judge would not listen to nor stay in the court room during this hearing. I was threatened a number of times by the judge and his clerk that if I did not give my personal information he would have me arrested. My question is is there any way I can fight the judgement? I have proof that she lied in court and falsified documents in her favor. As I was not versed in the court process I did not realize what all I needed to defend myself in the initial hearing. My second question, I read on a legal sight that since she did not name my spouse on the claims paper she is unable to go after him or me because of the "community property in az". is this true? Please let me know because this judge is not being fair.
Thank you,
Cathy Munday ***@******.***
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

Cathy, I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of litigation experience. It is a pleasure to assist you today.

I will answer your questions in the order in which they appear.

My question is is there any way I can fight the judgement? The answer to this question is yes, you can appeal the judgment to a higher court and make arguments as to why the judgment is erroneous and should be overruled or set aside. You typically have 30 days from the issuance of a judgment to appeal. If you have missed that window, then things become harder for you. The only remaining option at that point would be to file a motion for reconsideration before the court that rendered the judgment on the basis of new evidence or evidence that was not considered by the court initially. That is a long shot, but I have seen it work in the past.

My second question, I read on a legal sight that since she did not name my spouse on the claims paper she is unable to go after him or me because of the "community property in az". is this true?

That is not entirely true. She can go after your marital assets, or assets that you guys have gained together while you have been married. Since she did not name your husband, she cannot go after his property he owned before you were married, however she could go after your assets that you possessed before you were married since you were named in the law suit.

Let me know if you have any other questions or comments.

Please also rate my answer positively.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any other questions or comments on this matter? I want to make sure you are as comfortable as possible as you move forward. Thanks

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