Legal Question in Civil Litigation in New York

I sold a car to my cousin as is. He then proceeded to take me to small claims court for repair costs. I had no idea as I had moved. He used my mothers address on the court documents. Because i did not go to court a judgement was entered against me. I have asked him numerous times to go and sign the satisfactory document and he has not as of yet, it's been a year. Can I sue him for return of the vehicle or just for the moneies that have been garnished from my wages. I have tried to clear this matter up with the clerks office also.


Asked on 1/29/10, 4:24 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

A default judgment acquired by a failure to Serve Process on the party charged, is a judgment that may be vacated due the Court's Lack of Jurisdiction (or authority) to enter the Judgment. In this case, it appears you may have a "meritorious" defense to the action; and if you are unable to settle this matter w/o Court, you probably should file an Order to Show Cause (a motion) to Vacate the Default Judgment and request return of your money or your property. Your cousin will then need to Answer your application in Court; and begin his action against you from the beginning; and prove he had a cause of action to sue you in the first place.

Good luck,

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Answered on 2/08/10, 12:09 pm


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