Legal Question in Credit and Debt Law in New York

Re: Default Judgment

I would think that more facts are needed. For example, why do YOU not own the money? Was there a personal guaranty? Were you also served personally but "did not know it"?

These are questions that needed to be answered before any further suggestions may be made.

Good Luck

RRG

Re: Default Judgement (

you may have a few procedural and/or substantive legal options here, but we would need to get more detailed information regarding your case. if you would like a free phone consultation on this matter, email us with your direct contact information today.

Re: Default Judgement (

This is an easy question. It is done in one of two (2) ways; either an 'order to show cause' why the judgment should not be 'vacated' (no misprint. This challenges the other side to show why your motion should not be granted)or a regular motion on notice to vacate the judgment.

Since it is a default judgment, it will usually be granted. However, you must give some reason why you think you will 'win' the case and not owe the money. You are not required to prove your case, just state a reason why you think you will win. In this case, merely stating that this is a business debt and you do not owe the money personally should be enough.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

Re: Default Judgement (

The answer depends upon the facts underlying the judgment and the amount of time that has passed. You may be able to vacate the judgment. I suggest you speak with a NY attorney. Good luck.

Re: Default Judgement (

Go to the court where the judgment was entered. You want to speak to the PRO SE (pronounced "pro say") clerk. Tell the clerk you want to file an "ORDER TO SHOW CAUSE" which is a motion that forces the creditor to come to court and prove the judgment was obtained properly. You'll have to fill out a form. You'll have to state that you were never served with any legal papers and had NO NOTICE that an action was commenced against you personally. You'll have to state that you don't owe the creditor any funds personally since you were operating as a corporation. That's it. The clerk will help you to a point, but you'll have to serve the papers (once they are signed by a judge) on the attorneys for the creditor (or the creditor himself if there were no attorneys) exactly according to the language in the Order the Judge will sign, and do some other administrative stuff that will be explained, so that on the return date of your motion the court will listen to you explain why you did not know there was a lawsuit and why you don't owe the money and will (99 out of 100 times) do away with the judgment and LET YOU FILE AN ANSWER TO THE CLAIM OF THE CREDITOR. You can't win you case at that point, but at least you get rid of the judgment and can then defend yourself. YOU HAVE TO GO TO THE COURT WHERE THE JUDGMENT WAS ENTERED AND FILE A MOTION. An attorney can do that for you...we charge for that as we have to make a few court appearances (time is the expense). GOod luck.