opposing lawyer sued me personally but is now trying to take my property that's in a family trust

[archiethesupercat]

Jurisdiction

New York

Long and drawn-out case (started in 2019) involving a customer who didn't pay us for work on their house. We're builders, and by the time the case came to trial, we didn't have a lawyer and had been hammered with motions by opposing counsel. We missed answering some motions but submitted the requested discovery materials again and again, but opposing counsel wouldn't admit he had received them. On that basis, opposing counsel got us precluded from testifying on our own behalf (which was his strategy all along -- he couldn't have won otherwise). We were able to hold our own in court (the case was finally heard over 2 days in July 2022). The judge issued her findings 6 months later and concluded everything was even -- we didn't owe the customer and they didn't owe us, so zero all around. But opposing counsel submitted post-trial submissions and basically re-argued the case using the same lies but applying different case law. The judge ruled in his favor and awarded his clients $ 48K. Now, this opposing attorney has filed a judgement against me personally and is going after a property I own (not my main house) that is in a trust and not owned by me personally. How do I stop the auction? Is it possible to vacate this "amended" judgment?

 

[Zigner]

You will want to speak to an attorney. For $48k, you can't afford not to have an attorney.

 

[archiethesupercat]

Yes, I know. Happy to hire someone, but I need to know what type of lawyer I need.

 

[zddoodah]

Long and drawn-out case (started in 2019) involving a customer who didn't pay us for work on their house.

Who are "us"? Assuming there was a written contract for the work, who were the parties to the contract?

by the time the case came to trial, we didn't have a lawyer and had been hammered with motions by opposing counsel.

What motions?

The judge issued her findings 6 months later and concluded everything was even -- we didn't owe the customer and they didn't owe us, so zero all around. But opposing counsel submitted post-trial submissions and basically re-argued the case using the same lies but applying different case law. The judge ruled in his favor and awarded his clients $ 48K. Now, this opposing attorney has filed a judgement

No. The lawyer didn't file a judgment. The court entered a judgment. If the case went to trial in July 2022 and the court issued findings six months later and the judgment was based on a post-trial submission of some sort, then I assume the judgment was entered sometime around the spring of 2023. Correct? Who are the judgment debtors?

Now, this opposing attorney has filed a judgement against me personally and is going after a property I own (not my main house) that is in a trust and not owned by me personally. How do I stop the auction?

What does "going after" mean? What "auction"? If the trust is a revocable trust of which you are both trustor and trustee, it is fair game, and the process of enforcing the judgment against the property will be simpler since it's not your primary residence.

Is it possible to vacate this "amended" judgment?

If I'm correct about the time when the judgment was entered, it's WAY too late. Nevertheless, on what grounds do you think the judgment ought to be vacated?

I need to know what type of lawyer I need.

If your goal is to have the matter reviewed for a possible attack on the judgment, or if you're looking to take action to prevent the enforcement of the judgment against the property, then any attorney who handles civil litigation will do.

 

[Red Kayak]

The judge ruled in his favor and awarded his clients $ 48K. Now, this opposing attorney has filed a judgement against me personally and is going after a property I own (not my main house) that is in a trust and not owned by me personally. How do I stop the auction? Is it possible to vacate this "amended" judgment?

Assuming you consulted a lawyer in setting up this trust, that law firm might be a good place to start.

None of us know the nature of this trust.

You have 2 issues: 1) the civil actions related to your business and 2) your trust. I think you should consider consulting lawyers that are familiar with business transactions and disputes as well as whatever kind of trust you have.