Legal Question in Civil Litigation in New York
Never notified of court, facing wage garnishment
We went through housing court with our L/L, and signed a S/S stating we would leave our own accord after a certin amount of time. This ordeal went on for nearly 10 months, in which we did not pay rent in the illegal/unsafe building. The s/s stated both parties had the right to persuit damages in small claim court. We opted not to persuit anything because the items damaged were not worth the attny fees. We relocated to CT and my husband received a notice of a levy for $12,000.00 against his pay. This form was sent to his employer. On the form from the L/L attny it states our last known address. That address is incorrect, and would explain why we never received any paperwork about the court proceedings, and clearly a judgement was made by default. What are my options for appealing this judgement?
3 Answers from Attorneys
Re: Never notified of court, facing wage garnishment
You'd need to move by order to show cause to remove the default and reopen the case. It's a process that usually isn't too expensive - if you'd like to discuss it, feel free to get in touch.
Re: Never notified of court, facing wage garnishment
The judgment must be vacated and contested on the merits. It is something that you should retain an attorney to do, because otherwise, they will continue trying to execute the judgment. If you wish , contact me.
Re: Never notified of court, facing wage garnishment
Yes you can make an order to show cause to lift the garnishment and place the matter back on calendar. If you need any help doing this contact my office and we can talk.
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