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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 signed a consent judgement, in lieu of the threat of a

Customer Question

I signed a consent judgement, in lieu of the threat of a restraining order that my Atty said I would get. The other party a clergy was sexually harassing me..I confronted him..he the tried to get a restraining order. He did not want to go to court because he knew I would tell the judge what he did. My Atty convinced me to sign the consent judgement saying I would stay away from the church... Like I had done something. Can a consent judgement be appealed. I feel like my Atty lied to me to get me to sign it..
Submitted: 8 months ago.
Category: Legal
Expert:  Delta-Lawyer replied 8 months ago.

Usually, a consent judgment is not appealable unless one party to the suit can prove that s/he was forced into such consent through fraud. However, a consent judgment can be set aside on a motion by you to set this consent judgment aside based on ineffective counsel.

You would need to file this Motion to Set Aside in the same court and attached a copy of the original judgment as an exhibit. In the motion, you would argue that you only entered into this agreement at the recommendation of your attorney. You have later come to realize that you were misled and that the judgment will irreparable harm you if not set aside.

I would urge you to hire another attorney to file this document for you. That attorney would have to make an entry of appearance on your behalf and then file and argue the motion.

That said, you can handle this yourself if you feel like you do not want to utilize an attorney again. This is not incredibly complicated and sites like uslegalforms.com will have sample motions to set aside that you can follow for a nominal fee.

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

Please also rate my answer positively (Three or More Stars) so I can receive credit for my work.

Best wishes going forward!

Customer: replied 8 months ago.
Thank you..I spoke to an Atty in town here that said..nothing can be done..I just want my day in court..
Expert:  Delta-Lawyer replied 8 months ago.

You can file a motion to set it aside. That does not mean the court will grant your motion and issue a subsequent order in your favor, but this is really your only shot. I have seen it work before.

Let me know if you have any other questions and please don't forget to rate my answer positively on the rating interface on your end.

Thanks