Legal Question in Credit and Debt Law in New York

Judgements

I've attetnd a schoool back in 1999 and only attend for one week. seven years later a recieved a summons in the mail stating that i to answer to a judgement that i didn't know about. how can i fight this. what is an answer? and what legal rights do i have?


Asked on 4/03/06, 3:53 am

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Judgements

If someone received a judgment against you they would have submitted an affidavit of service to the court stating how you were served with the initial lawsuit. When you didn't answer or appear in court, the judge gave them a judgment based on your default (no show).

You need to have the "default judgment" vacated by that court and case dismissed for "lack of personal jurisdiction" (you were never served).

Since it is over six years, DO NOT ACKNOWLEDGE THE DEBT AS YOURS.DO NOT MAKE A PARTIAL PAYMENT OR NEGOTIATE THE DEBT. Once the Judge dismisses the case, the debt is beyond statute of limitations and is not legally enforceable.

They can try to collect it from you by dmand letters or sell it to a collection co. who will do the same but they can not sue you nor get a new judgment as long as you ignore it.

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Answered on 4/03/06, 11:15 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Judgements

It seems you're bing sued now for the debt. And answer is a legal document responding to the papers that you have received for the suit, usually a complaint.

If I were you I would seek the help of an attorney and look at the circumstances before deciding to just not reply to such a document, since the result of you not filing an answer could be that a default judgment would be entered against you in COurt.

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Answered on 4/04/06, 4:59 pm


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