Legal Question in Credit and Debt Law in New York

proper procedure for filing and issuing a judgment

I went to take money out of my bank account and they told it it was ''frozen''. The next day I go to my p.o. box and get a letter from the bank notifying me that there is a restraining order against my account. And there is also a judgment notice from a law firm. I check my mail once a week and I saw the post mark on both were just 4 days prior. I had no phone calls looking for money or any letters from anyone looking for money. I didnt even know the company suing me. I finally figured out that it was in reference to an account with a bank, that they had taken my name off of and closed out and written me letters stating such. So, I had been cleared of this issue last year and then I got a judgment against me saying I owed the money...which they quickly withdrew as soon as I faxed them the proper documents stating I was cleared of this debt by the bank. I am upset at this undue stress and anxiety. And I am wondering if the collection agency took the proper procedures in issuing this judgment against me (without any prior knowledge)? If not, how can I file a complaint,w/o suing them?


Asked on 2/13/04, 11:09 am

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: proper procedure for filing and issuing a judgment

You are working under assumptions that are not accurate. Judgments are not placed against you by collection agencies they are filed in court by LAW FIRMS who have first sued you by issuing a summons and complaint and then filing appropriate affidavits attesting to service of the summons and complaint against you. The fact is that you may have been served with a summons and not be aware of it. That fact alone is usually sufficient to convince the court where the judgment was filed to VACATE the judgment (which releases your account) so that you have your DAY IN COURT. You have to find out which court issued the judgment, get there personally, and file an ORDER TO SHOW CAUSE (OSC) why the judgment should NOT be vacated. The party that entered the judgment has the burden of convincing the court NOT to vacate, so the presumption is that the court will (and usually does) vacate these default judgments. QUICKLY Go to the PRO SE (pronounced PRO SAY) clerk and ask him/her for assistance. You'll get an opportunity to explain why you did not respond to the summons and complaint (you never received it) and why you don't owe the funds they claim you owe... good luck

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Answered on 2/13/04, 1:01 pm


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