Legal Question in Civil Litigation in New York

Re: I have a court jugment against me. I was not served.

If the court vacates the default judgment, you will have the opportunity to defend against the claim. You are entitled to receive a copy of the bill and present evidence as to why it is not owed by you.

After default vacated, surety bond?

It really depends on how the default occurred.

If it was the result of "sewer service" where the process server did not really try to serve you, plus you have a valid defense on the merits,

you should be successful in vacating the judgment.

However, practically speaking if there is already a "money judgment" that means an inquest was held and they proved their damages .

Even in defaults I have seen many Small Claims Court Judges require the same proof of damages at an inquest as they do in contested matters.

This means two estimates, or a bill and an estimate in the case of property damage for example.

In the case of contract actions usually, once the contract is proven, it is a simple matter to establish damages, since the value of the gym membership is what they have probably sued for.

You should determine if the Judge required them to post security for damages in the form of a bond, prior to freezing your account. That is generally required so if they are mistaken the

surety pays the damages of the person with the wrogfully frozen account.