How do I remove a judgement against me if I was sued in error?
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How do I remove a judgement against me if I was sued in error?
My landlord sued me for unpaid rent in error. He admits that the error is his and I can provide documentation that I’ve never missed a rental payment. For the past 3 months he was to get this corrected but has not. I want to move but am afraid to based on this judgement.
Asked on July 1, 2011 under Bankruptcy Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
From the way that you have phrased the question it appears that this judgement may have been obtain by default - or without your appearance in court - correct? Then you need to go to the court in which the judgement was given the landlord and make a motion to vacate the default. You will have to give a reasonable excuse for the default - your failure to answer the court papers in the first place - such as a failure to be properly served, etc., and in some states you need to show a meritorious defense. You have the latter: the receipt for the payment of the rent. Once the fdefault is vacated you ask to put in an answer. Then you can put in an affirmative defense of full payment under the contract (your lease). Good luck to you.
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