Legal Question in Credit and Debt Law in New York
judgment by default
Recently, I received a letter from a collection agency informing me that I received a judgment by default of a leased car that was taken off my property some 8 years ago.I never received a notice to apear in court. Now they want to garnish my wages. How do I proceed?
2 Answers from Attorneys
Re: judgment by default
1. Ask to see a copy of the judgment and the affidavit of service upon you.
2. If the service of process was improper you may seek to vacate the judgment.
Re: judgment by default
You need to look at the case file to make sure all appropriate and necessary procedural steps were followed to obtain a default judgment. If not, you can seek to vacate the judgment. Feel free to contact me if you'd like assistance pursuing this matter. Good luck.
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