Legal Question in Credit and Debt Law in New York

judgement , somethings wrong with this picture

A group of lawyers sent me a letter trying to collect a debt I supposedly owed from 1999 on a credit card.I filed and answer with the court (sent the coll. a copy) and asked for an accounting of the details of this bill ... even though their letter does not state I have that right, all within the allotted 20 days. The details were not sent to me. I did not hear anything back from them so I called the County Clerk and she called this group and talked to them. They stated that USUALLY the Court sends them a copy of the defendants answer and that I had not sent and answer in time but if I would send one certified mail that day they would see if they could stop the pending judgement and get a court date set up (where I was told I would then get the info on the debt).This conversation was a few days after their deadline for my answer. So I mailed it again certified mail, return receipt requested. A few days later I received a letter from a lawyer in the group that a judgement had been filed against me by default for not answering their complaint on time. I went to the County Clerk's Office and the Clerk I delt with would not talk to me. Shouldn't a clerk look to see if the summons had a dated answer beore issuing a judgement?


Asked on 7/15/07, 10:40 am

1 Answer from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: judgement , somethings wrong with this picture

The clerk will check to see if an answer was FILED. If it was, no judgment will issue. If it was not, and one issues, you need to move by Order to Show Cause to vacate the judgment.

Good Luck

RRG

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Answered on 7/15/07, 2:22 pm


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