Legal Question in Credit and Debt Law in New York
I got default judgment vacated- now what?
i posted last week about getting an income execution at work from a CA trying to collect a debt I don't think is mine (actually, I don't know what the debt is.) I was never served. So I went to court and got the default judgment vacated, served the CA and the marshal and now I have a court date for next Tuesday to go back to court.
I am worried out of my mind that I am missing something. I've been reading a lot about this, and I'm confused: should I just show up in court and answer whatever questions the judge has for me or do I have to prepare an answer? I think the CA is supposed to ''show cause'' but do I have to file anything as well? An answer to the CA's claims, or a counterclaim?...
Do you think I should find an attorney at this point or is it better to represent myself?
Thank you so much.
2 Answers from Attorneys
Re: I got default judgment vacated- now what?
I would need more information in order to give my opinion. Sometimes it is more cost effective to hire an attorney than it is to potentially lose a case. Certain attorneys handle these types of matters everyday, it is almost second nature. However, it is not impossible to represent yourself.
It is up to you to weigh your potential costs and benefits.
If you need further help, you can email me at [email protected].
Re: I got default judgment vacated- now what?
The court date is a conference, not a trial. You have an opportunity to explain to the Judge that you don't know what the debt is for, etc. You would ask the judge to request that the creditor provide you with full documentation to support their case so you can look at it and see for yourself what the debt is about. If it is something you do owe you would be able to make a settlement offer...you would ask for an adjournment of the matter so you can review whatever materials the other side will provide (it is not usual of them to have to materials with them at the conference, if so they have to make a copy and give you a set of whatever they have). Once you see what the documents are you will be in a better position to respond when the conference comes up again.