So any lawyer knows full well what it takes to perfect a judgment. If that weren't so, he wouldn't be a lawyer in the first place. So if a lawyer files judgment without all the proper affidavits and proof of debt in place and properly presented to the court and the debtor finds out that the judgment against him is void upon it's face because proper affidavits and proofs of indebtedness are not presented to the court or there is no sworn testimony in lieu of affidavit from creditor, or for whatever other reason the judgment is voidable, then the lawyer has obviously violated the model rules of professional conduct and has either counseled or assisted a client in conduct that the lawyer knows is fraudulent and is liable to the bar association for his misconduct. He could lose his license to practice law for having knowingly placed a false and fraudulent judgment against you. Yet some lawyers and judges alike, both of whom are lawyers, routinely file and adjucate judgments that are defective simply because it's done all the time. Rubber stamp process. The debtor don't show up in court and don't fight and wouldn't know his rights if they bit him, so the lawyers and judges just do things the easy way and get "away with murder" But in some cases, it could end up costing them their licenses if the debtor wakes up and comes back on them later. How about that, sports fans??
If the only documents an attorney encludes in a lawsuit he files with the court is his complaint and a "Standard Type Agreement", marked as Exhibit "A", does that make the court action invalid? Or can the proof of the debt be submitted later by the attorney once the trial or arbitration date is set? Thanks, Tuit
You are asking a question here that would be far better answered by a practicing attorney which I am not. So you cannot rely on my answer as being correct and especially in the case of your question because your question deals with the practical side of court procedure. If you don't want to find an attorney to ask, you can also look in Civil Rules of Procedure. That is the handbook that should give you a definitve answer to your question. My "off the top" answer would be that he could either by a motion to amend or some other mechanism with which I am unfamiliar. As far as I know, there may well be several answers to your question since I think some of that would depend upon whether motion for discover had been filed or not and other factors. I'm just not qualified to answer that question. Sorry.
