Legal Question in Credit and Debt Law in New York

Appealing a judgement

I was recently sue by a school which I attended in 1997 for unpaided tution.

I received a letter saying they were taking me to court and the next thing i know is my checking account is overdrwan 12000.00 because they got something called a judgement. I do not owed them any money, i provided them with adequate information showing that the attendance records were wrong. The school claimed to have aslo sent me a check for 1800.00 (school loans) that i never received.

I thought i would have gotten something tell me to show up in court. how could i find out what happened. also the orginal bill i supposedly owed was 2900.00 can legal bills be almost 10000.00. how can i appeal this decision?


Asked on 11/27/00, 10:41 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Appealing a judgement

There are two ways to remove a judgment. 1. Pay it. 2. Make a motion before the court to vacate the judgment.

With a motion, you must demonstrate two things. First, an excuse on why you did not answer. In your particular case it seems that you were never served with the summons. Second, you must show a "merritorious defense" or in other words, why you don't owe the money.

The motion must be made by Order to Show Cause, so that the Sheriff and the judgment creditor may not execute against your bank account or any other asset.

Mike.

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Answered on 11/29/00, 3:44 pm


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