Legal Question in Credit and Debt Law in New York
False Judgment
What can I do to fight a false judgment that was served to my bank and resulted in a freeze on my account? Here is what I have done so far. A) Called the lawyer suing me 53 times (not including calls I put in today. They are open on Weekends) They do not have voicemail. It rings for 5 minutes and then disconnects you. B) Searched on-line for an altnerate phone # for the law firm, with no result C) Called the County Clerks office with info I obtained from my bank on the judgement & confirmed (verbally & through their on-line records) that they have no judgment against me & do not even have my name in their database.
2 Answers from Attorneys
Re: False Judgment
Retain an attorney if you believe the underlying obligation sued upon is incorrect. You might be able to set aside the judgment and default if you had no notice of the lawsuit or some other exigent circumstances. However, do it immediately. Time is of the essence. Calling the judgment creditor's lawyer probably won't do you any good and will continue to aggravate you.
Re: False Judgment
Calling a lawyer 53 times will not help you.
You will have to file a motion by Order to Show Cause in the Court where the Judgment was obtained to vacate the Judgment. In the Order to Show Cause you must seek a stay of enforcement, to be served on the attorney for the Judgment Creditor and the bank.
You must act quickly. Once the Judgment is satisfied you are out of luck.
Mike.
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