Legal Question in Credit and Debt Law in New York

Re: Improper service??

You have to submit a motion by Order to Show Cause to vacate the judgment. In the motion you must demonstrate an excuse of the default (no service) and a merritorious defense to the claim. Many times the court will order a traverse hearing to determine if service of the summons and complaint was valid.

A default judgment in New York will not automatically transfer to Florida. You will have to seek counsel from an attorney in Florida to determine if and how the New York judgment is domesticated in your State.

There usually is no set cost to prepare and file the motion since each motion is fact specific. I charge an hourly rate of $250. It usually takes four to five hours to prepare and file this type of motion. If there is a traverse hearing, the cost to vacate the judgment significantly rises. Furthermore, if the judgment is vacated, you will have further attorney fees to litigate the matter to a disposition.

Mike.

Re: Improper service??

Not sure what "impending judgment" means. Do you mean she received a copy of a complaint or a copy of a proposed (impending)judgment?

You may fax a copy of whatever docs she received to me at no cost so that I can better answer your question.