Legal Question in Civil Rights Law in New York

paid off note

I ignored a summons to court because I felt that I had paid off this note. A default judgement was issued and now a questionaire supena has arrived. I am assuming they are going to garnish my wages. Can I file an appeal, show cause or something to get a day in court? This is a supreme court matter


Asked on 10/07/08, 5:32 am

1 Answer from Attorneys
Jeffrey Shepro Jeffrey Shepro PC: NY Commercial Real Estate and Business Law

Re: paid off note

You should immediately call an attorney or speak with the court clerk where the judgment was obtained. There are strict time frames for appeals etc. You can try to vacate the default judgment by Order to Show Cause but unless you have a good reason for not responding to the summons (like not receiving it or you were sick etc.) and a good defense you may not be able to. If you vacate the judgment you can attempt to settle the case but if not you may have to defend against the action in court. If you would like to discuss further please call.

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Answered on 10/07/08, 10:20 am


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