Legal Question in Credit and Debt Law in New York
Husbands Ex-Wife listed him as ''Responsible for bill'' 10 years ago
My husband's ex-wife listed him as ''Responsible for bill'' for a ob/gyn doctor in 1993 - they were 3 years into divorce process and she was having another man's baby. She used his name and her address. We just found that a judgment was issued in 1995 against my husband for $3,435. The judgment wasn't filed in our local County Clerk's office until April 7, 2003. We are trying to get a home equity loan and this judgment was discovered. The doctors office and the collection agency they used are both OUT OF BUSINESS. How can we get the judgment vacated from husband's name and put on ex-wife's name? Even if we appeal the judgment, the doctor's office no longer there for us to send a notice of appeal to. What is the best way to quickly get this resolved?
2 Answers from Attorneys
Re: Husbands Ex-Wife listed him as ''Responsible for bill'' 10 years ago
We can only hope this will be the last you must deal with this first wife. She does not sound very nice.
The legal question is quite easy. You must go to the original courthouse and get a copy of the "file" (this will include all of the legal documents filed inn the case). Then you draft a motion to vacate because of lack of notice. You must also draft a notice of motion giving the other party 20 days to respond. Since it is unlikely anyone will respond, this will win by default. If the other party does file opposition papers, you will explain that your husband was not co-habiting/separated from this woman (the divorce documents will establish this fact) and then you will win. This is all you must show to win.
Serving the lawyer or law firm that handled the judgment is sufficient to "serve" the other side.
It is not as difficult as it sounds!
You are welcome to a consultation at my offices at 42 West 44th Street for no fee. Please call for an appointment first; (646) 591-5786.
Re: Husbands Ex-Wife listed him as ''Responsible for bill'' 10 years ago
You have to go to the court where the Judgment was entered and speak with the clerk about the procedures for vacating the judgment. You can tell the clerk that you have been unable to find the medical doctor...but he was most likely represented by AN ATTORNEY who obtained the judgment and the court will have you serve papers on the attorney. You should not discuss the matter with the attorney ad simply rely on your papers (it appears there was no prior notice of the action before judgment was entered). Most courts have a clerk who can assist people without attorneys. They will help you. Once the judgment is vacated you should demand PROOF OF ALL CHARGES AND THE RIGHT TO DEPOSE THE DOCTOR(s) ETC ETC..it should all go away.
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