Legal Question in Credit and Debt Law in New York

I had some default judgements filed against my residence due to credit card debt in New York State (Suffolk).

The filed against my home, even though my home is NOT owned by me personally and instead is owned by an LLC.

I want to reopen the default judgements and/or remove the liens against my property quickly. How do I do this?

Thanks


Asked on 7/15/14, 9:01 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

You will need a reasonable excuse to vacate the defaults.

The liens should vacate after 1 year and if incorrectly filed, should not be an issue. Otherwise, a court proceeding is required.

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Answered on 7/15/14, 9:33 am
Carol Ryder Law Office of Carol Ryder PC

You need a reasonable excuse for the defaults and a meritorious defense. Liens in NY stay for 10 years and then can be "refreshed" by the creditor.

You should get an attorney that does credit and collections law. It sounds like you want this done fast to get the place sold and in this market, and with the huge number of foreclosures in Suffolk (and potential buyers know it), it would behoove you to not be penny wise and pound foolish and pay a decent legal fee, and this is not self-serving at all. The lawyer can possibly work things out for pennies on the dollar to settle quickly. There is a great one In Islip, The Bowman Firm, and the Bar Assn can refer others.

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Answered on 7/15/14, 10:03 am


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