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CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10244
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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I had a judgment on foreclosing my home against me in April

Customer Question

I had a judgment on foreclosing my home against me in April in a chapter 11 bankruptcy. I know article 60(b) will reverse the judgment so I sent a letter asking the opposing attorney to answer my questionnaire. I asking for his oath his security bond and
license and it's been more than twenty days and no answer. Is this acquiescent and perjury as the law states in18 u.s.c. sec. 1621 (felony) and Can I sue him for not answering my questions or just ask him to reverse the judgment because of fraud and malpractice.
Thanks Bill
Submitted: 1 year ago.
Category: Business Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of your situation.

Unfortunately the scope of our forum can make this a little difficult at times, I fear this may be one of those instances.

A Rule 60(b) Motion must be made to the court in order to vacate a court judgment. These motions are generally very difficult to win (although not impossible).

If you think you have a good Rule 60(b) motion, you need to make it.

Sending it to the opposing attorney and asking them to agree to vacate the judgment will not do anything for you.

In order to maximize the odds of winning your motion, I would strongly suggest visiting your local law library and reading up on these motions in a set of books called "Practice Guides" (handbooks used by attorneys to help with writing motions and arguing them). There will be other resources at your law library as well, ask the law librarian for help and they can direct you to the resources available in your library.

You will not get anywhere by trying to sue opposing counsel (if you wish to research that issue you can look into the "litigation privilege" - but please take my word for it).

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