Legal Question in Credit and Debt Law in New York
Can appeal be made to court judgment?
I found out judgment was filed against me by a Lawyer�s office that I had to track down over a year ago to set up payments. I set up monthly payments thru debt consolidation company. The lawyer�s office originally rejected proposed payment amt and asked that I pay $100/mo. I adjusted pmt and I never had any problems making them on time. I was advised by the debt consolidation co. to check periodically on status of payments since I wasn�t receiv�g statements from the lawyer�s office. I contacted them February 2003 & everything was fine � they�re receiving payments. The rep told me that there was outstanding paperwork that required my signature. I verified my address w/them but never rec�d anything. Judgment was filed April 2003. When I contacted them to find out why judgment was placed the rep was nasty and claimed it was due to the fact that I never signed paperwork. But I never rec�d it. Is there anything I can do? By them accepting paperwork from the debt consolidation co. - isn't that acknowledgement of our pmt agreement by the lawyer�s office especially w/the counter payment amount they requested? What if I appeal the court's decision because they definitely don't have proof of serving me notification of the court appearance?
2 Answers from Attorneys
Re: Can appeal be made to court judgment?
This type of thing will wear you out. You have done very well by setting up payments and making them on time. That cannot be easy. I respect your efforts. Unfortunately, debt collection is the lowest rung on the legal ladder. It is the least rewarding and not very lucrative and, therefore, attracts lawyers without strong people-skills.
This firm is acting foolishly. You can act to "vacate" the judgment on the basis of "lack of notice". Depending on which court the action was filed in, it can be very easy or moderately complicated. The fact that you have been making payments gives you an opportunity to win even if the debt is valid.
If you want to go this route, You are welcome to a consultation at my offices at 42 West 44th Street for no fee. Please call for an appointment first; (646) 591-5786. I can start you out without charging anything.
Re: Can appeal be made to court judgment?
If you were never served with the lawsuit, (no judgment can be taken without that), you can go to court and, (depending on the amount do it yourself) ask the clerk how you can "vacate a judgment" if you were never served with the lawsuit.
Just that practical, although not that easy.
Any questions, feel free to contact this office.
Good Luck.
RRG
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