How to fight wrongful suit after judgment is filed

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smrugg1964

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My jurisdiction is: Florida

I was wrongfully sued in a small claims case by the HOA vs. my ex-wife in Riverside, CA. Following the sale of our primary residence during our divorce proceedings, my ex-wife purchased a new property using proceeds from the sale. As part of the divorce settlement, I signed a Quitclaim Deed, filed April 20, 2005, giving my ex-wife sole and separate claim to the property. Our divorce was final on July 18, 2005, at which time she was the sole legal owner of the property.

All documents were filed and recorded by a legitimate Title Company well before the dispute and lawsuit in Sep 2008. I was not a party to the property. I was never served and I should not have been named in the lawsuit. Unfortunately, the Superior Court of California, County of Riverside filed a judgment against me and my ex-wife in favor of the plaintiff on October 20, 2008.

I only became aware of the claim and lawsuit following an alert in April 2009 on my credit report which listed the Judgment against me. I subsequently contacted the HOA's legal office but I have not received any response or acknowledgement that this error will be corrected.

What are the steps I should take to resolve this wrongful suit judgment? I have resided in Florida since Feb 2005.
 
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You got divorced and signed a quitclaim deed in September 2008, "well before" the HOA filed a lawsuit against you that they received judgment on in October 2008? I am incredulous. :) The CA court system must be incredibly efficient.

If you were named in the suit but never received a summons, you can apply to have the judgment against you set aside. Contact the court clerk in Riverside for information on how to do this.
 
Thanks for your reply dee_dub. Sorry if my explanation wasn't clear. I signed the Quitclaim Deed 3 months before my divorce in July 2005. But you got me thinking... about the "incredibly efficient CA court system". I was mistaken... the suit was filed by the plaintiff in July 2008 (3 years after the divorce). Judgment occurred in October 2008... still pretty fast. Anyway, I will contact the county clerk in Riverside and see what they say. Thanks again.
 
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