Legal Question in Traffic Law in New York

Civil lawsuit filed, heard in court and a disposition made without my knowledge

The situation is as follows:plaintiff claims that my vehicle hit theirs FACT MY VEHICLE WAS UNDER REPAIR AT THE TIME.Plaintiff then begins legal action FACT I WAS NOT NOTIFIED. Plaintiff then recieves a judgement from the court. FACT I WAS NOT NOTIFIED. PLEASE BE ADVISED THAT THIS WAS ALL DISCOVERED UPON A DMV ROUTINE CHECK OF MY DRIVING STATUS ( THIS IS DONE DUE TO MY NEED TO DRIVE AS A PART OF MY EMPLOYMENT REQUIRMENTS) My driving status has been suspended. All of these actions were unknown to me until I began to ask questions of DMV and was told of the case. They have sued me in civil court for approx. $5,000 and have won!! This was made known to me when I investigated further. They claim to have notified me but I no longer reside at that address. WHAT DO I DO? WHAT IS MY RECOURSE? WHY WAS THIS ALLOWED BY THE COURT? CAN THIS BE CORRECTED BECAUSE I WAS NOT IN THE AFOREMENTIONED ACCIDENT!! Thanking you in advance for your prompt reply


Asked on 12/07/04, 8:48 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Civil lawsuit filed, heard in court and a disposition made without my knowle

This is far more common than you imagine. The situation is covered by CPLR 5015 and the Civil Court - Small Claims Division is very liberal and defendant-friendly in their interpretation of CPLR 5015.

You must make a motion to 'vacate the judgment' and this will be done by 'motion on notice' or an 'order to show cause' and supported by a notarized statement of no service because of an address error (with some evidence) and a statement that you can defend the underlying action (evidence that the vehicle was in repair on the date of the accident).

My fee is $250 to prepare the submission (motion) and $250 to argue the case in court for you. You may counter claim for attorney fees as well as all other damages.

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Answered on 12/13/04, 12:42 pm


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