New Baltimore, MI asked in Appeals / Appellate Law for Michigan

Q: How can I get a fraudulent judgement overturned? I can prove this was fraud and I was NEVER involved what so ever.

I had a judgement filed against me fraudulently. I went to the first 2 court dates, however the plaintiff's attorney had postponed for further discovery. The 3rd court date I never received notification of and was found guilty for failure to appear. I hired an attorney to appeal this decision and the judge would not listen what so ever. He claimed I received the first 2 mailings so he believes I received the 3. Ironically the Judge and prosecuting attorney are good drinking buddies. I was found guilty for over $100,000 dollars for a business transaction that transpired between my now ex wife and brother I had absolutely no knowledge of. There was a contract between him and her that I had zero knowledge of. I was pulled into this because I was married at the time. She was charged criminally and plead guilty. She was charged civilly as well. I was brought in on the civil charge. If I had anything to do with this why wouldn't I have been charged criminally as well?

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Appeals & Appellate Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Criminal and civil liability are two different things with very different burdens of proof. You can be civilly liable without being criminally liable. That your ex wife was criminally charged has nothing to do with your civil liability, although you may have a claim of indemnity against her for what you end up paying toward this.

More importantly, your case sounds like it's post-judgment, and you had a direct appeal. You could look into filing a motion to set aside the judgment, but you would definitely need to consult with an attorney who can more thoroughly look through your case.

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