Guidance on handling a Default Judgment
Date: Tue, 03/16/2010 - 13:33
I'm currently looking for guidance on how to respond to the realization that a default judgment was entered against me. I was not properly served (my position) and would like to go to supreme court with the intent to have the default judgment vacated and ultimately case dismissed due to expired statute of limitations and improper service.
Here is what I believe I need to begin this journey:
- Request for Judicial Intervention
- Affidavit in Support of an Order to Show Cause To Vacate a Judgement for Failure to Answer
- Proposed Answer Consumer Credit Transaction
Can anyone tell me what I'm up against and what else I need to consider. The debt is for between $15 - $20k and I consulted an attorney briefly who's retainer would be $5k. Needless to say that if I had any money available I would just as soon offer a $5k settlement instead of paying the atty but alas, I don't have funds available.
On another note, i currently pay 25% of my income to child support and am wondering how that comes into play here?
Thank you all in advance for any help or guidance you can provide.
Regards.
Add'l note: anyone know how to research and find out when my la
Add'l note: anyone know how to research and find out when my last payment on an account was? (used to calculate the statute of limitations end date; last payment date + 6 years)
Thanks.
hi-- first of all, what state do you live in? When you say i
hi--
first of all, what state do you live in?
When you say improper service, what exactly do you mean? Were you served at all, and if so, how?
Also, do you know when the last payment was made? And what kind of account is this--is it a credit card, a personal loan? Statute of limitations will differ based on the type of account, not just the state.
Quote:Originally Posted by skydivr7673hi-- first of all, what s
Quote:
Originally Posted by skydivr7673 hi-- first of all, what state do you live in? When you say improper service, what exactly do you mean? Were you served at all, and if so, how? Also, do you know when the last payment was made? And what kind of account is this--is it a credit card, a personal loan? Statute of limitations will differ based on the type of account, not just the state. |
Hello. Thank you for your response. My answers are below:
- New York State
- Improper service as in I was not notified properly about being taken to court. No delivery to me or my spouse, nothing taped to my door, no certified mail, etc... Perhaps I am making incorrect assumptions but these are some of the things I've read about 'proper service'. In the interest of fairness, I have always had a habit of discarding "junk" mail with no identification on it but as it turns out, I'm discovering that we someone is contacting you regarding a debt or court summons, they cannot state on the envelope where it is from. If that is the case, and if something doesn't look official to me, I would just chuck it assuming its a solicitation.
- Old credit card account (Citibank)
- Last payment was likely made before 2004 though I haven't yet been able to dig up the details. Also, the debt does not appear on any of my credit reports at this point.
If you where sued, you would probably know about it if you where
If you where sued, you would probably know about it if you where properly served......The summons comes from the courthouse and it would say so on the envelope if there is one, also it could state your county sheriffs office too.
It would not state a name of a debt collector on the envelope.
So it appears you where improperly served. Statute of limitations in New York is 6 years so it appears they sued you within the statue which is legal. You will have to go to your local court house and have them look up the case, you will find in the file where it says the summons was served......if nothing look right or even if it does, you should file a motion to vacate the judgment due to improper service.....hopefully the court should be able to help you out on that.