Legal Question in Credit and Debt Law in New York

Re: Is motion to vacate complete?

you should go to the court and stop communicating with the attorney...he's not interested in helping you...If the judgment was vacated, you'd have an Order from the court advising you to file an answer within 20 or 30 days from the date the judgment was vacated...if you don't the judgment would be re-instated...Don't trust the guy who's suing you!!! Go to court with the papers you filed, tell the clerk just what you said and find out what the status is...if the judgment was NOT vacated, FILE ANOTHER OSC. When you are in court on the new OSC go speak to the judge and tell him you don't owe the amount they sued you for (if you don't) and that you were NEVER served with a sumons and complaint. YOU WANT THE CASE DISMISSED...THey try to pressure you into answering...but DON'T GET BULLIED. Insist on a TRAVERSE HEARING (thats a hearing to determine if you were in fat served...if not the summons will be dismissed!!!...If you get the judgment vacated and the case dismissed you can get a better settlement deal. You did not provide any info about how much the judgment was for...if the settlement is ok now take it. THe words about stipulation of discontinuance after you pay does suggest the judgment was vacated since you would file a satisfaction of judgment if the judgment was still in effect. YOU SHOULD MAKE SURE THE JUDGMENT IS VACATED if that's what the atty is claiming. He may not want you in court because he probably can't prove you owe the money...