Legal Question in Appeals and Writs in New York

how to appeal a deault judgement

My father has a discount store. It's a corporation. In November of last year, he ordered $300 worth of merchandise from a company. He paid them in full within 10 days. Their bookkeeper never recorded the payment and they decided to sue my father's store. My father never got a call from their accounts receivable department. My father doesn't remember getting a subpoena either. On Dec. 29th, there was a court hearing and my father's store was never represented because they never knew that they had to come to court. A default judgment was rendered against the store.

Last week, (March 17th), a letter came to the store saying that the store had to pay $1152 in damages. My father called up the company he ordered from and told them that they got paid and he faxed them a copy of the cancelled check.

They said that they would take ''care of it''. The sheriff came 2 days ago and demanded $852. ($1152-$300). The sheriff gave my father a paper showing that the rest of the money was in attorney fees and a bunch of other administrative fees.

The sheriff said that he would come collect the money on April 19th.

So these are my questions:

Can we appeal this decision and on what grounds?

How do we appeal without a lawyer?

Thanks

1 Answer from Attorneys

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