Legal Question in Credit and Debt Law in New York

Hello, I live in New York City and recently had a default judgement against me in civil court. This is because I never received any court papers due to change of address. I had no idea of the amount I owed to the creditor and the only reason I now know that I owe is because a city marshall has started wage garnishment from my check. I have no information about the case to file a motion and don't know if I can even file one now because it may have been over 30 days. I don't even have the income execution from the city marshall. In this case what can I or should I do.


Asked on 9/08/12, 9:03 am

2 Answers from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

First question...do you owe the debt? If so, contact the Marshal and see who retained him (a law firm sent him the wage garnishment). Then, contact the law firm and make an offer of settlement (reduction in principal and monthly payments you can afford). They can advise the Marshal to accept less than the 10% of your gross paycheck. If they don't settle with you go to the court in the County where you lived when they sued you and they'll assist you in filing a motion to vacate the judgment IF YOU HAVE A MERITORIOUS DEFENSE and can swear you did not receive the summons and complaint. There will be a hearing and a judge will decide what you can do. If the judge vacates the motion you will file an answer to the complaint and there will be a trial (or the matter will be settled).

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Answered on 9/08/12, 9:19 am
simon goldenberg Law Office of Simon Goldenberg, pllc

Contact my office. We will help you locate your index number and the caption for your case. We can provide advice as to your options for resolving this judgment. If you have not been served with the summons and complaint, you may have standing to request that the court vacate the judgment. You may then be reimbursed for any amounts that have been garnished. We handle cases like yours on a regular basis. Give me a call.

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Answered on 9/08/12, 4:38 pm


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