Legal Question in Legal Ethics in New York

Perjury of Law Firm

I was sued for a medical bill that My health insurance company never paid. I am a resident of New Jersey I was taken to court in Bronx, NY and never received any notice of the court date. The Law firm claimed they served me at an address in the Bronx. They had my Home Address in New Jersey and my Job address in Manhattan New York and they knowingly served me at an address that they knew I didn't reside at. I have been a resident of New Jersey for over 6 years and all my hospital records show my NJ Addresss. I had know knowledge of the judgement that was against me until my company received the judgement letter from the city marshall to garnish my paycheck for 10%. I am a single parent and to have $500 taken out of my check a month has been a hardship on all my family. I want to know if i can due the law firm that handled the case.


Asked on 8/13/03, 4:18 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Perjury of Law Firm

The first thing you should do telephone the law firm and ask that it vacate the judgment.

If the firm refuses, you must file a motion by order to show cause to vacate the judgment. The order to show cause must have a stay against the sheriff or marshal so that your salary is not garnished.

You may also have a claim against the law firm under the Federal Fair Debt Collection Practices act.

Mike.

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Answered on 8/13/03, 5:30 pm


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