Legal Question in Credit and Debt Law in New York

Can a judgement be imposed if you were not aware of it?

A judgement in the amount of 9500 was imposed on me in August of 2001 in NY. At that time I was living in NJ and did not know anything about the judgement. When I had learned of the pursuit of the judgement and contacted the creditor it was too late the judgement had been filed. Since that time I have been on a payment plan but the judgement has severely ruined my credit. I need to know if there is anything that I can do to have this over turned or revisited in the court so that I can give my side of the story? Any response would be great!


Asked on 8/05/02, 6:15 pm

1 Answer from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: Can a judgement be imposed if you were not aware of it?

If the underlying claim is covered under the Fair Debt Collection Practices Act, then the attorney for the creditor was required to file suit against you either where the contract was signed or where you lived at the time suit is brought. If the attorney di not follow the FDCPA, then he violated it. If you are interested in vacating the judgment, then you should either contact an attorney in NY or go to the court to see if they have the necessary forms to file a motion to vacate the judgment.

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Answered on 8/05/02, 9:51 pm


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