Legal Question in Civil Litigation in New York
I reciently recieved 2 judgements to garnish my wages from the city marshal office due to 2 credit card debts from 2006-2007. I was never served or recieved a summons to appear in court before the judgements. The entry dates on the paper work say 2008. During 2008-2009 i was unemployed and the bill collector was aware of that. I first called the marshal office then they told me to call the attorney (Bill collector). When I called I called the attorney office there attitude basically was it didnt matter if I was served or not because i hadnt paid the debt. Then they asked if I was living at my current address and i told them yes. Can I go to court and have the judgemnt reversed because i was never recieved a summons and can i put a freeze on the garnishments, I also dont agree with the amount they asking for.
1 Answer from Attorneys
You can filed a motion to vacate the judgment for failure to serve process but you may have to also show that you have a viable defense.