Legal Question in Business Law in New York

I live and do business in westchester county and a debtor from the bank here in westchester filed judgement against me and my company and in nassau county. Is this correct procedure to go to another/different county other than the one where all transactions took place? and papers were served to my son at my home he is 13. can this help me at all? i think i may be in default..

thank you


Asked on 9/14/10, 10:54 am

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

To vacate a judgment you would have to go to the court that issued the judgment. If the court is in Nassau County, you would have to move to vacate the judgment in Nassau County.

Mike.

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Answered on 9/19/10, 12:02 pm

You are likely in default with a judgment against you. The default judgment can be filed with the clerks of other counties. As you indicated, you may have a claim to vacate the default judgment because of an improper service of process. You may be facing an uphill battle, nonetheless you need to retain an attorney and address the matter in court immediately.

In addition, you indicated that there is a personal judgment against you and against your company. In effect, the company's limited liability status has been compromised and you are now likely personally liable for its debts. Again this matter requires your immediate attention.

Roman Fichman Esq.

TheLegalist.com

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Answered on 9/19/10, 9:51 pm


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