QUESTION
How to get a final judgment reopened that was based on fraud?
Asked on Aug 29th, 2011 on Civil Litigation - California
More details to this question:
In California, I was a defendant in a small claims action. I lost and filed an appeal. Neither I nor the plaintiff/respondent were present in court for the appeal. The reason that I was not present for the appeal, although I called the court at 8:45am and explained that I would be late to court because I was waiting for the police to show up so that I could file a police report that involved the plaintiff/respondent¿s attempt to tamper with a witness, and we had a Declaration from the witness. By the time the police showed up, and I called the court at 9:15am, I was informed that the appeal was dismissed by the judge and the case was sent back to the small claims court and original judgment stands.
I filed an SC-108, ¿Request to Cancel or Correct Judgment¿ in the Answer filed by the plaintiff/respondent she states that she had a conversation with the witness (that signed Declaration for me) and that the witness denied ever signing the Declaration and that the plaintiff/respondent be
1 ANSWER
Victor Obninsky
I suggest you get a hearing date for the Motion to Vacate the Judgment; at the same time, ask the Small Claims Clerk to issue a Subpoena for the person to testify as a witness. Have the subpoena served by someone other than yourself. Go to the hearing loaded for bear! Good luck.
Answered on Aug 30th, 2011 at 4:48 PM