Legal Question in Credit and Debt Law in New York

Fighting a judgement

Twenty years ago, I obtained a credit card from Sears and Roebuck. I used the card once. Unfortunatley, after the card was obtained, I came into a financial crisis, and was unable to make regular payments. The last payment was several years ago, and now I find a judgement is being served on me. It was filed in the county where I live, and a certified letter was sent to me explaining that the law firm who filed wants to garnish my wages. The letter was sent in an envelope from the local sheriff's office, but there is no signature by the sheriff or anyone in his office. In the letter they state they will contact my employer, and while they have the correct address, they have an incorrect name for my company. I was never informed that a court date was set, therefore I was not given an opportunity to attend. It is my understanding that such debts are null and void from judgement after six years. This has now been twenty years and counting. Please advise me how to handle this situation.

Sincerely,

--name removed--


Asked on 9/26/04, 11:43 am

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Fighting a judgement

You stated you made payments until only "several years ago"...while you were paying, the statute of limitations was not running...it starts when you stop...so even though the debt was incurred 20 years ago, the statute of limitations DOES NOT APPLY. However, you are entitled to your day in court and it is possible you were not served properly (that is served with a copy of the sumons and complaint which is the beginning of the process of obtaining a judgment) IF YOU CLAIM YOU ARE UNAWARE OF THE COMMENCEMENT OF THE LAW SUIT. Get ye to court and file a motion called an OSC to have the judgment vacated. Perhaps you can arrange a settlement. Otherwise, they are perfectly within their rights to garnish your wages. Sorry.

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Answered on 9/27/04, 12:55 am


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