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A default judgment was entered against me as a co-defendant in civil case. I'm named as a guarantor, but I didn't sign as guarantor! How do I keep them from collecting from me on a debt that isn't even mine?

Submitted: 18 days ago.

Category: Legal

Value: $18

Status: CLOSED

State/Country relating to Question: California

Already Tried:
Sent opposing counsel evidence it's not my signature, requested sever me from case -- he said don't worry. Hah! Now he wants my money

Posted by Adam Kirk 18 days ago.

Answer

If you didn't sign the agreement, you're not responsible for the debt, and you can file a motion to set aside the judgment.

18 days ago.

Reply

can this be filed even the judgement was entered or did I lose my rights by not filing a timely answer?

Accepted Answer

Yes, you can file a motion to set aside the judgment. You can inform the court that the judgment is erroneous because you are not a proper party to the suit and should not be held legally responsibile for a debt that you didn't sign off on.

Accepts:
Expert:	Adam Kirk
Pos. Feedback:	99.3 %
Answered:	11/5/2009

Lawyer (JD)

Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

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Question

A default judgment was entered against me as a co-defendant in civil case. I'm named as a guarantor, but I didn't sign as guarantor! How do I keep them from collecting from me on a debt that isn't even mine?

Optional Information

State/Country relating to Question: California

Already Tried:
Sent opposing counsel evidence it's not my signature, requested sever me from case -- he said don't worry. Hah! Now he wants my money

Answer

If you didn't sign the agreement, you're not responsible for the debt, and you can file a motion to set aside the judgment.

Reply

can this be filed even the judgement was entered or did I lose my rights by not filing a timely answer?

Accepted Answer

Yes, you can file a motion to set aside the judgment. You can inform the court that the judgment is erroneous because you are not a proper party to the suit and should not be held legally responsibile for a debt that you didn't sign off on.

Law

Have your own Legal question?

Related Law Topics:

Question

A default judgment was entered against me as a co-defendant in civil case. I'm named as a guarantor, but I didn't sign as guarantor! How do I keep them from collecting from me on a debt that isn't even mine?

Optional Information

State/Country relating to Question: California Already Tried: Sent opposing counsel evidence it's not my signature, requested sever me from case -- he said don't worry. Hah! Now he wants my money

Answer

If you didn't sign the agreement, you're not responsible for the debt, and you can file a motion to set aside the judgment.

Reply

can this be filed even the judgement was entered or did I lose my rights by not filing a timely answer?

Accepted Answer

Yes, you can file a motion to set aside the judgment. You can inform the court that the judgment is erroneous because you are not a proper party to the suit and should not be held legally responsibile for a debt that you didn't sign off on.

Related Legal Questions

State/Country relating to Question: California

Already Tried:
Sent opposing counsel evidence it's not my signature, requested sever me from case -- he said don't worry. Hah! Now he wants my money