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

Q: How can I get a fraudulent judgement overturned. I appealed and was not given a fair day in court. Judge was totally bia

My ex wife and brother had a business arrangement that I was not apart of. I had zero knowledge of this arrangement until she stopped paying my brother what she owed him. Then he came to me trying to collect her debt. She was found guilty criminally and civilly. He brought me in civilly as well. I appeared at the 1 & 2nd court appearances and prosecuting attorney had them postponed to gather more evidence. The 3rd hearing I never received notice of and I was found guilty for failure to appear. I hired an attorney to appeal. There is no contract linking me to this transaction yet Judge decided that since I received the first 2 court dates he doesn't believe I was never notified of the 3rd. Ironically the Judge and prosecutor were "good drinking buddies." I am now forced to pay my ex wife's debt of over 100,000 that I was never involved in any way! There is NO CONTRACT between them and I. The contract is specifically between them. Why would I not have been charged criminally if I was inv

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

A: When you do not appear in court, you give up your right to claim that you had nothing to do with it. If you failed to appear, you were probably defaulted - which is what happens in a civil matter versus a bench warrant for your arrest in a criminal matter. When you are in default in a civil matter, it works as if everything the plaintiff said you did in the complaint is now true.

You should also review your paperwork to make sure that you were appearing for hearings in both matters. It sounds like you may have attended the criminal pretrial conferences, and maybe not the hearings in the civil matter.

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