How can I challenge a fraudulent judgment against me?

Full question:

This is about a Fraud Judgment which we didn't know anything about until several months later because our attorney didn't tell us about it.As a result of a lawsuit stemming from a personal injury case (my daughter and I were the plaintiffs and were injured, the judgment was in our favor, and the jurors decided that we were injured due to the defendant's negligence), but because of our attorney's negligence and mishandling of the case, a judgment full of fraud was filed against us. Due to a statutory offer which we rejected, we were awarded an amount of money less than the statutory offer. Our attorney received the judgment and approved it without our knowledge or authorization, as a result a lien has been put against us in the county (Yes we should sue him). The main point is; this judgment is full of false statements such as: 1. The amount of the judgment was wrong, the amount awarded was less than the statutory offer, the defendant didn't divide the amount according to the amount awarded. 2. Fake sister- state judgment was entered against us (We own nothing in any state). A business attorney who reviewed the judgment insisted that it is absolutely ridiculous and bogus, he also told us to obtain a copy of the sister-state judgment from the court. I requested it from the court and have been told that there isn't any record of any copy of sister -state judgment in the court; the clerk doesn't know the name of the sister-state, or the sister-state's court address, that's despite the fact that it was filed in the superior court of California.3. The defense faked a sister-state proof of service; they lied about me receiving the sister-state summons and complaint personally.4. My daughter's name was misspelled in the original judgment then crossed out completely in the abstract of judgment form and replaced by the misspelled name.5. A few months later the defendant's insurance sent us letters threatening us that if we didn't pay they'd garnish our wages and attach property. In addition they misstated the facts and said that the judgment was against us despite the fact that in court's papers it states clearly that The Judgment was in favor of the plaintiffs (us).I have been told that we should challenge this judgment which we definitely intend to do, my question is: How can I challenge the judgment? Where to begin?Also could we sue the defendant after the jury found her guilty we know she has assets, what is the statute of limitation in California regarding this issue?During the trial the defense lied, and had ex parte with our doctor in an irrelevant condition without our authorization, the doctor later admitted that the injuries are NOT RELATED to any prior condition, they did everything against the law, even our attorney who didn't do much admitted that they lied and violated the law.

• Category: Judgments
• Date: 04/07/2025
• State: California

Answer:

The law in California allows you to challenge a judgment within a specific time frame. You can file a motion to vacate the judgment based on several grounds, such as incorrect legal basis or a judgment not supported by the facts (Cal. Civ. Proc. § 663). This motion must be heard by the judge who presided over the trial, unless they are unavailable.

Additionally, under Cal. Civ. Proc. § 473(b), the court may relieve a party from a judgment taken against them due to mistake, inadvertence, surprise, or excusable neglect. You must file this application within six months of the judgment, or within ninety days if you receive a notice of the judgment.

Given the complexity of your situation, it is advisable to consult with a local litigation attorney who can provide guidance on how to proceed with challenging the judgment and any potential claims against the defendant.

Regarding suing the defendant, you may have the right to do so after the jury's verdict. The statute of limitations for personal injury claims in California is generally two years from the date of the injury (Cal. Civ. Proc. § 335.1). However, consult an attorney for specific advice related to your case.