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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I have a property management company and a tenant sued me and

Customer Question

I have a property management company and a tenant sued me and received a judgement against me. I filed the appeal two days late for extenuating circumstances.
The judgment was filed against me personally but the property management company is an LLC.
Can the judgment be vacated because it against me personally and not the company?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
To answer directly, once the judgment is entered, it cannot be vacated unless it is due to error of the court, a procedural mistake, or a review where based on law the judgment is in error. The claim that they had a wrong defendant (that they needed to sue the LLC and not you) had to be brought up prior to judgment, not after, so the fact that the party was never challenged means that the judgment likewise cannot be challenged at this point--claiming that this was the wrong party has to be made during pre-trial, not after the fact. I am sorry!
Sincerely,
Dimitry, Esq.

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