Legal Question in Credit and Debt Law in New York
Judgement Awarded on Old Debt
Hello,
I was recently informed by my bank of a account seizure from an attorney out of New York City to collect on a credit card debt that I have not had
active since 1999. Currently my credit union account is NEGATIVE $12,244.29. I pulled my credit report and this account they're collecting on doesn't even show on there anymore.
Apparently there was a judgement filed against me that I was unaware of.
What should I do? Can I appeal? Any advice?
Any help would greatly be appreciated,
Steve
2 Answers from Attorneys
Re: Judgement Awarded on Old Debt
you cannot appeal a default judgment. You can go to the court where the judgment was entered and file a motion to have the judgment vacated because you were never served with the summons and complaint that forms the basis for the judgment. GO to court and speak with the clerk. Tell him/her you need the judgment vacated and they will provide the forms. If you don't owe the money (or don't know that the amount you were sued for is the correct amount) state that you don't owe any money...that will force the attorneys for the cc company to prove you owe the money and that might be difficult after all this time...also, if you were not sued within 6 years of the date you last paid you can assert the defense of statute of limitations (if you don't assert it you waive it...and that would be a mistake). Usually, the court vacates judgments and allows you to file an ANSWER to the original summons and complaint...include the statute of limitations defense in your answer as well when the time comes...most times a settlement can be reached when the matter comes up for judicial review...you have the upper hand. You can demand all the documents (actual copies of signed receipts for your purchases would be an unbearable burden on the cc company to provide after all this time). By the way, if your account is negative, the papers served on your credit union have no effect. The credit union cannot do anything since they are not holding any funds owed to you.
Re: Judgement Awarded on Old Debt
Read the Answer by Guy Mitchell Lewit, Esq. It is excellent.
You can also file for Bankruptcy and get rid of ALL of your dischargeable debt.
New York Bankruptcy Attorney, Bankruptcy Lawyer in Brooklyn New York
Stop Collection Agencies.
Get Rid of dischargeable Credit Card debt, IRS taxes,and other debts.
I will provide you with personal attention to your individual situation.
Free Consultation
http://www.silverbankruptcy.com
Jacob Silver
Attorney At Law
26 Court Street
Suite - 2511
Brooklyn, NY 11242
http://www.silverbankruptcy.com
Long Island Office:
1225 Franklin Avenue
Suite � 325
Garden City, NY 11530
http://www.lidebtlawyer.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
