Legal Question in Credit and Debt Law in New York

I recently was called into my office at work to be advised about a wage garnishment for a personal loan that someone took out in my name in the UK. I left the country in 2003 and the loan was originated when I left. I never received anything about it or knew about it until September last year when my CFO called me into his office and explained he received paperwork and that there was a court hearing previously in June. I knew nothing about it and neither was I served. I didnt realise the severity of this until now because I am being garnished. I spoke to an attorney and they told me to go to the court to have it vacated and then request the documents but the attorney then said dont do that and asked I retain them. I want to make sure its the right decision or whether I can go to court and have them vacate the judgment until I see all the paperwork and then make a decision on my next move. I knew nothing about it and besides it was originated in the UK over 8 years ago. Does the statue of limitations apply here? I am a US citizen and have lived here since 2003. I was told if they dont physically serve you then there is a law about that and also that they use unscrupulous ways to try and get money from a consumer. I knew nothing about this loan and never received anything about it up until September.


Asked on 2/09/11, 7:40 am

1 Answer from Attorneys
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Foreign country judgments can be recognized in New York. However, a lawsuit or a motion is required to do so. You should have been served with a summons in New York giving you notice of the action. Depending on the manner of service, you may have grounds to vacate the judgment.

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Answered on 2/09/11, 8:57 am


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