Legal Question in Civil Litigation in New York

Motion to Vacate Judgment

A good friend of mine has a judgment entered against him by the New York State Higher Education Services Corporation for the State of New York for a student loan default. The judgment has been referred to the sheriff for an income,wage execution. My Friend was never served with service of process and never received any notice of the collection procedure; he never had an oportunity to appear, and present any objections and defenses. can he make a motion to vacat the judgment and avoid income execution. He is willing to make payment, but the agency insist he go

through the sheriff which costs an extra $5,000.

does he have a chance of winning motion to vacate and avoid sheriffs execution?????


Asked on 6/14/01, 4:53 pm

2 Answers from Attorneys
Garry Hanlon

Re: Motion to Vacate Judgment

The motion to vacate a default needs two things:

(1) excusable neglect in failing to answer

(2) a valid defense

It must also be made within one year

This is not an easy motion to win

I am also curious as to the $ 5000.00 figure

Poundage, interest and costs should not total

this much

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Answered on 7/10/01, 9:21 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Motion to Vacate Judgment

I received your post on 6-28-2001.

The answer is too convoluted to discuss in this forum.

Please contact me to discuss this matter directly if you wish at either 845-878-2163 or 212-764-5428.

Good Luck

RRG

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Answered on 6/28/01, 2:28 pm


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