Legal Question in Credit and Debt Law in New York
Civil court judgement
I received papers from NYC Marshals notice of garnishment letter. Can I reverse this?? It has papers from court with docket number.
1 Answer from Attorneys
Re: Civil court judgement
You cannot reverse the notice of garnishment.
You may be able to vacate the notice of garnishment if the judgment was obtained improperly. For example, if the judgment is on default and you were never served papers, you would be able to file a motion by order to show cause to vacate the judgment. That order to show cause must have a stay of execution. The stay of execution must be served on the marshal.
If the judgment was obtained after trial or hearing, you would have the right to appeal. There are procedures set forth in the law concerning stay of execution of judgment pending appeal.
Mike.