Legal Question in Landlord & Tenant Law in New York
I was a guarantor to a commercial lease. They moved out a few months before the lease expiration and I was sued in Civil Court. The company did not show up in court got a default judgement and I got and a money judgement against me. I year later I find out that the amount owed was much lower than projected, and the security deposit was not deducted from the money judgement. Furthrmore a debt collector has put this judgement on my credit report. Can I vacate this judgement against me and ask for a new trial. I will welcome any suggestions on the best approach.
2 Answers from Attorneys
Maybe. You would have to file an Order to Show Cause (OSC) to vacate the judgment. Generally, an OSC is filed when there was improper service. However, under the law, a judgment may be vacated or modified if the amount calculated is substantially incorrect.
Mike.
Mike is correct. You would need to seek to have the judgement vacated and the case restored to the court's calendar. The court will then decide whether to have a traverse hearing to decide if you were properly served or not. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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