Legal Question in Credit and Debt Law in New York

In 2006 I was behind in my rent due to a sudden job loss. Although I found another job It did not pay as well and my landlord told me to move out or she would evict me. So I moved out. Now after 7 or 8 yrs. I find out that she had won a judgment against me 8 yrs ago that I knew nothing about until today, when my savings account was put on hold. Please advise. Many thanks. Lee


Asked on 7/26/13, 11:21 am

1 Answer from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

Go to the court where the judgment was entered and ask to see the court file using the index number you should have (or they will provide to you). Look at the affidavit of service filed by the process server hired by the landlord's attorneys. It will set forth how they allege they served the summons and complaint on you that resulted in the entry of judgment when you did not appear and answer the complaint. Note the address they claim they went to to deliver the summons and complaint and note HOW they claim they served you...was it "nail and mail" or did they claim they left the papers with someone (they may have gotten name and a description). IF they went to an address where you were not living or you don't recognize by name or description the person they claim to have served tell the clerk you want to file an OSC (order to show cause) why the judgment should NOT be vacated so you can interpose an answer to the complaint. The reason you must allege is that you were never served with the summons and complaint so the court never acquired jurisdiction over you to allow them to enter a judgment. Also, if you have any defenses to the underlying action for unpaid rent be sure to list them in the proposed answer the court will expect you to provide as part of the OSC you are going to file. The clerk should explain the process.

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Answered on 7/26/13, 11:51 am


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