Priceless

2005 Judgment - forged signature

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In April 2005 a judgment was entered against me by default in Miami, Fl by an out of state plaintiff. I was never served so did not know about it until I pulled my credit report in 2006. The plaintiff named me an individual as the

defendant because I would have signed for the original contract holder a Trust as assistant trust manager (ATM). I located a copy of the judgment papers filed along with the exhibits and just noticed that it is not my signature on the copy of the original contract entered as evidence! In fact, the contract is missing the signature page (page 6) and only the separate compensation page (page 7) is attached in place of the signature page. Signature on page 7 is forged. I checked the original document and it was never signed by me or anyone on behalf of the Trust. It is blank. I also just found out the Plaintiff dissolved in 2008.

I would like to have this judgment vacated. No further actions on behalf of the plaintiff or collection attempts have been made since 2005. Would greatly appreciate suggestions & assistance on how best to proceed, thank you.

Edited by Priceless

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Thank you usc. Do you recommend I try to locate the plaintiffs attorney? Or should I simply file a motion to vacate?

I was also wondering even though the business is dissolved, could the signer come after mer personally? I am asking this because I was name personally as the defendant instead of the Trust which I think is how it should have been. Is there any reason or ground that they could come back with?

Thanks again. Just want to know if I could be stirring up a hornets nest or not.

Edited by Priceless
added additional info

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Well to get your judgment vacated your going to have to locate the attorney to serve them with the motion. As to your other questions, I am not really sure. I definitely think the likelihood of you being successful if you attempted to vacate the judgment is high.

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Well to get your judgment vacated your going to have to locate the attorney to serve them with the motion. As to your other questions, I am not really sure. I definitely think the likelihood of you being successful if you attempted to vacate the judgment is high.

What information should I include in the motion?

Should I also address the debt and that the contract was between two entities therefore I "personally" do not owe it as the judgment indicates?

Is there a sample of a motion I can use?

Thanks.

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What information should I include in the motion?

Should I also address the debt and that the contract was between two entities therefore I "personally" do not owe it as the judgment indicates?

Is there a sample of a motion I can use?

Thanks.

Your motion will need to be based on Fla. R. Civ. P. 1.540. That being the case, and since you've known about the judgment for 4 years, you'll probably not want to allege newly discovered evidence or anything along those lines.

What other grounds, as stated in the rule, might you base your motion on?

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Your motion will need to be based on Fla. R. Civ. P. 1.540. That being the case, and since you've known about the judgment for 4 years, you'll probably not want to allege newly discovered evidence or anything along those lines.

What other grounds, as stated in the rule, might you base your motion on?

Thank you for providing the actual requirements. Had to read it over many times, here are the grounds that I believe would apply:

1. Inadvertence. I “failed to notice” that the signature was not mine and the evidence submitted was incomplete? Missing contract signature page.

2. Fraud. Inherent? The document submitted is misrepresented. Not sure about this one.

Would these apply? If not, send me back and I will re-read the law. Am not an attorney so would like to keep this as simple as possible.

Thank you nascar

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If you have access to caselaw, you may find Lefler v. Lefler, 776 So. 2d 319 (Fla. Dist. Ct. App. 4th Dist. 2001), very informative -- especially the discussion between intrinsic and extrinsic fraud.

That being said, you will need to show extrinsic fraud. One form of extrinsic fraud is fraud upon the court.

The standard for fraud upon the court is, whether the facts clearly and convincingly show the plaintiff set in motion a conscious scheme calculated to improperly influence the trier of fact. Jacob v. Henderson, 840 So. 2d 1167 (Fla. Dist. Ct. App. 2d Dist. 2003).

Did the plaintiff do anything which could be described as a conscious scheme calculated to improperly influent the trier of fact ?

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If you have access to caselaw, you may find Lefler v. Lefler, 776 So. 2d 319 (Fla. Dist. Ct. App. 4th Dist. 2001), very informative -- especially the discussion between intrinsic and extrinsic fraud.

That being said, you will need to show extrinsic fraud. One form of extrinsic fraud is fraud upon the court.

The standard for fraud upon the court is, whether the facts clearly and convincingly show the plaintiff set in motion a conscious scheme calculated to improperly influence the trier of fact. Jacob v. Henderson, 840 So. 2d 1167 (Fla. Dist. Ct. App. 2d Dist. 2003).

Did the plaintiff do anything which could be described as a conscious scheme calculated to improperly influent the trier of fact ?

I do not have access to caselaw :(

The best I could do was google extrinsic & intrinsic and try to make heads or tails out of it. I really appreciate your helping me understand them as they apply to the law.

In trying to answer your question regarding if the plaintiff did anything extrinsic, the plaintiff provided a false document to the court, would that equal "a conscious scheme calculated to improperly influence the trier of fact"?

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In trying to answer your question regarding if the plaintiff did anything extrinsic, the plaintiff provided a false document to the court, would that equal "a conscious scheme calculated to improperly influence the trier of fact"?

That sure is what it looks like.

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That sure is what it looks like.

OK! Am excited now :yahoo:

So the motion to vacate the judgment would be based upon inadvertence & extrinsic fraud?

::idea2::What if I contact the attorney who filed the judgment and discuss what I am about to file with the courts? Am thinking that maybe since the plaintiff dissolved in 2008 maybe he will just agree to vacate the judgment and discontinue with prejudice...or...he might just not show-up. Is either a possibility? Really want this over, case closed with no negative results remaining.

Your thoughts? :hmm:

Thank you nascar!

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File your motion, including certificate of service, with a copy to the attorney of record. If in fact, the client corporation is dissolved, there may be no response.

On the other hand, the judgment is/was a corporate asset. It doesn't disappear. It was likely assigned to another a party as part of the dissolution. But, maybe not.

Check the Official Records in your county. The judgment should be recorded there. If it were assigned, the assignment should be recorded as well.

Good luck !

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Thank you for providing the actual requirements. Had to read it over many times, here are the grounds that I believe would apply:

1. Inadvertence. I “failed to notice” that the signature was not mine and the evidence submitted was incomplete? Missing contract signature page.

2. Fraud. Inherent? The document submitted is misrepresented. Not sure about this one.

Would these apply? If not, send me back and I will re-read the law. Am not an attorney so would like to keep this as simple as possible.

Thank you nascar

Let's not forget the fact that you were never served with the Summons, the Notice of Default and notification of Entry of the Default Judgment, probably because they went to an address you did not reside at or were sewer served. There seems to be a bit more fraud to spread around here.

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Let's not forget the fact that you were never served with the Summons, the Notice of Default and notification of Entry of the Default Judgment, probably because they went to an address you did not reside at or were sewer served. There seems to be a bit more fraud to spread around here.

What is sewer served?:?:

Are you suggesting I add “never being served” to the motion? I have spoken with several attorneys and they all pretty much told me the same thing…the “I was never served defense” is useless because it is so over used. I would need proof of why I couldn’t have been served to make it stand. Truth is I was living between three cities at the time so we probably missed each other as did a lot of my mail. It was a very hectic period am grateful it is behind me.

BTW – nice toy!!! xkingx congratulations on how you got it!

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What is sewer served?:?:

It's what we get around here; crappy service. I found one of my summons in the flower bed while I was mowing the yard. It was a garnishment hearing and contempt hearing for not appearing at the last hearing that I didn't know about. That was my first time being sued, and I quickly learned to keep an eye on the court docket because the sheriff wasn't too worried about getting me my papers. All the summons for my last 2 cases were left on my front door.

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It's what we get around here; crappy service. I found one of my summons in the flower bed while I was mowing the yard. It was a garnishment hearing and contempt hearing for not appearing at the last hearing that I didn't know about. That was my first time being sued, and I quickly learned to keep an eye on the court docket because the sheriff wasn't too worried about getting me my papers. All the summons for my last 2 cases were left on my front door.

xjawdropx Unbelievable

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What is sewer served?:?:

Are you suggesting I add “never being served” to the motion? I have spoken with several attorneys and they all pretty much told me the same thing…the “I was never served defense” is useless because it is so over used. I would need proof of why I couldn’t have been served to make it stand. Truth is I was living between three cities at the time so we probably missed each other as did a lot of my mail. It was a very hectic period am grateful it is behind me.

BTW – nice toy!!! xkingx congratulations on how you got it!

I would get a hold of the Process Server's Affidavit of Service and see what it says. If the Process Server said a 6'2" Hispanic Male was served in City A and you are a 5'3" caucasian female living in City B at the time of "service" you have a pretty good case of "sewer service", which means instead of serving you, the summons was thrown into the nearest sewer.

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I would get a hold of the Process Server's Affidavit of Service and see what it says. If the Process Server said a 6'2" Hispanic Male was served in City A and you are a 5'3" caucasian female living in City B at the time of "service" you have a pretty good case of "sewer service", which means instead of serving you, the summons was thrown into the nearest sewer.

:shock: I never knew there was such a document. You would think the legal eagles I spoke to would have known! Where do I find this document? Would it be filed at the courthouse? On-line maybe?

Thanks Flyingifr x:-)

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:shock: I never knew there was such a document. You would think the legal eagles I spoke to would have known! Where do I find this document? Would it be filed at the courthouse? On-line maybe?

Thanks Flyingifr x:-)

It's not a separate document, per se. When the summon is issued, it includes a section, or sometimes a separate page, that the process server must fill out. It will indicate when the summons was served, how and to whom (generally). In Florida, you'll find it in the case file, referred to as Return of Service.

In Florida, in cases like this, service must be made personally. The original summons must be delivered to you, and to no one else. If the sheriff or process server cannot locate you, the summons will be returned unserved and the Return of Service will be noted accordingly.

The plaintiff may then cause the issuance of an "alias summons" which may be delivered to your place of business or at your residence, with any person there who meets the statutory qualifications.

These are the summonses that are typically left "in the flowerbed" or "stuck in the door," especially if the plaintiff is using a private process server. The sheriff's deputy will rarely if ever, do this.

The process server will certify that he left the summons with someone at the residence or the business, and provide a rough description. Sometimes he'll say that he left the summons in the door because he saw someone looking out the window but refused to answer the door.

In any event, in Florida, because of the personal service rules, it is very unusual to see a case proceed without some evidence of service. Take a look at the court file to see how service was allegedly accomplished.

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If I were you, I would get my ducks in a row. Establish a plan of action that you are confident will hold up to the law. Then DROP THE HAMMER on these jerks!

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