Legal Question in Credit and Debt Law in New York

Statue of limitations for judgements

I have recently had my accounts restrained from a judgement filed against my wife and her ex husband back in 1990.A recent check at the county clerks office revealed that this has not been refiled since 1990.What are the statue of limitations in ny for collection on judgements?

Can I just file to have this vacated because the judgement is so old?We never knew about judgement.My wife has her own perfect credit and has never been affected by this judgement.Will this affect her credit rating?We have a son with a serious medical condition.Is it legal for them to freeze are accounts?Can we counter sue for leagal costs and emotion distress?How much time do we have before they are allowed to clean out the money in are accounts?Can they take the contents of are safe deposit box?

Thank you for your response.


Asked on 7/28/04, 4:36 pm

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

Re: Statue of limitations for judgements

If her X-husband was properly served WHILE they were still married and it was a joint debt, you have no grounds to vacate the judgment. (Even if he never told her about it). The judgment should have been reported on her credit report for 7 yrs, also giving notice. They can't re-age it and put it on now. You need to see the Affidavit of Service in the file in order to determine who/when/where someone was served before you can determine "proper service". Perhaps it was nailed and mailed or left w/ a neighbor, then you may have a case to vacate.

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Answered on 7/29/04, 9:03 am
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Statue of limitations for judgements

Judgments can be enforced for 20 years. However, if you did not receive notice of the lawsuit you have the right to have the judgment thrown out and the case dismissed. You have to go to the court and take a look at your file and see what documents the creditor filed in order to get the judgment in the first place. THen speak with a friendly cooperative court clerk and have them assist you in filing a motion to have the judgment thrown out (vacated) and the case dismissed. Your accounts can be emptied if they are not protected by law. Your safety deposit boxes can be seized. You must get yourself to the courthouse and do what I am telling you to do.

Good luck

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Answered on 7/28/04, 6:16 pm


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