Legal Question in Credit and Debt Law in New York

if i had a judgment rendered against me in 2004 and had it satisfied when they got the order to take it out of my account, can i do anything about it now since 1 i was never served and 2 i was active duty at the time?


Asked on 4/28/10, 3:40 pm

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Yes. If you were not served then the court had no jurisdiction (authority) to grant a judgment

against you.

You need to file an Order to Show Cause in the same court to vacate the Judgment and get your money back.

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Answered on 5/03/10, 6:08 pm
Michael Markowitz Michael A. Markowitz, PC

I disagree. Once a satisfaction of judgment is filed, there is no action to vacate. In other words, you cannot vacate a judgment that does not exist.

Mike.

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Answered on 5/04/10, 5:38 am


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