How to Set Aside a Judgment in the USA: Key Scenarios

Question from Skipper, How to Set Aside a Judgment in the USA: Key Scenarios

Answer from AI:

If you believe a judgment against you should be set aside, there are several scenarios where this might be possible. Below, we discuss four common grounds for setting aside a judgment: improper notice, breach of contract due to novation, inappropriate jurisdiction, and attorney misconduct.

Improper Notice

Improper notice occurs when a party to a lawsuit was not properly informed about the legal action against them. This can be a valid reason to set aside a judgment.

• Federal Rules of Civil Procedure (FRCP) Rule 60(b)(1): Allows for relief from a judgment due to mistake, inadvertence, surprise, or excusable neglect.
• State Rules: Each state has its own rules, often similar to the FRCP. For example, California Code of Civil Procedure Section 473(b) provides relief for similar reasons.

To set aside a judgment for improper notice, you typically need to:

1. File a motion to set aside the judgment in the court that issued it.
2. Provide evidence that you did not receive proper notice.
3. Show that you have a meritorious defense to the original claim.

Breach of Contract Due to Novation

Novation occurs when a new party is substituted for an original party in a contract, with the consent of all parties involved. If a judgment was based on a contract that was novated, you might have grounds to set it aside.

• Contract Law: Novation must be agreed upon by all parties. If this did not happen, the original contract may be void.
• Case Law: Courts have set aside judgments where novation was proven, such as in the case of Restatement (Second) of Contracts § 280.

Steps to address this issue:

1. Gather evidence of the novation agreement.
2. File a motion to set aside the judgment, citing the novation.
3. Present your evidence in court.

Inappropriate Jurisdiction

A judgment can be set aside if the court that issued it did not have the proper jurisdiction over the subject matter or the parties involved.

• Subject Matter Jurisdiction: Courts must have the authority to hear the type of case presented. For example, federal courts have limited jurisdiction, while state courts have general jurisdiction.
• Personal Jurisdiction: Courts must have authority over the parties involved. This is often based on the location of the parties and the events in question.

To challenge jurisdiction:

1. File a motion to set aside the judgment, arguing lack of jurisdiction.
2. Provide evidence that the court did not have the proper jurisdiction.

Attorney Misconduct

If your attorney acted against your interests or billed you for actions you did not authorize, you might have grounds to set aside a judgment.

• Professional Conduct Rules: Attorneys are bound by ethical rules, such as the American Bar Association’s Model Rules of Professional Conduct.
• Case Law: Courts have set aside judgments due to attorney misconduct, as seen in cases like Strickland v. Washington.

Steps to address attorney misconduct:

1. Document the misconduct and gather evidence.
2. File a motion to set aside the judgment, citing the misconduct.
3. Consider filing a complaint with your state bar association.

Consulting a Legal Professional

While this guide provides a general overview, setting aside a judgment can be complex and varies by jurisdiction. It is crucial to consult with a legal professional to get personalized advice and ensure you follow the correct procedures.

For more detailed information, you can refer to:

• Federal Rules of Civil Procedure Rule 60
• California Code of Civil Procedure Section 473