Q: Co-signed place for ex 2015 now have default judgement 15k she was served and I wasn’t found out this week what can I do
Signed as a co-signer in 2015 to help her out stayed 2 months to help set up and we separated, we’re going into a heated custody battle while doing record searches and requests i found a judgment against me from 2016. I was never served she was and didn’t notify me the Original debt was 3-4k now ballooned over 15k she’s the lease holder but not being sued just me. I had no idea about an eviction or hearings now garnishments are coming what can I do
A:
You can build a Time Machine and go back and tell yourself not to co-sign! Never co-sign for anyone unless you’re prepared to pay the debt yourself.
There’s nothing you can do about the debt itself. You may be able to file a motion to set aside the default judgment on the basis of no service. It is a long shot, as the court will only set it aside if you can present a meritorious defense, which you don’t have. Even if the judgment is set aside, odds are you will still be on the hook for the accrued interest when everything is said and done.
A:
I agree with Mr. Pennell about the dangers of co-signing.
For a judgment that is older than one year, the good-cause/meritorious defense bit doesn't apply. Those are the requirements to set aside a default judgment. For your judgment, if you were not properly served, you'd need to file a motion for relief from void judgment. If service was improper, there is no deadline to file such a motion. Hire an attorney to review the court docket and the return of service of the summons and to file such a motion if proper.
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