Default Judgment with possible loopholes? What should I do?
Date: Wed, 04/07/2010 - 09:22
Hello all.
I am in New York State and recently had a Judgment entered against me for failing to answer.
I am in the process of preparing my Order to Show Cause To Vacate Default and am doing to some research into the account (which I should have done a long time ago). I will list the facts and look for advice:
- Was sued by "ABC Co." (psuedo name) based in upstate NY.
- The amount of the suit was between $18 - $20k
- The Summons lists a specific account number and states an amount from late in 2004 of over $12k.
- I have a copy of my credit report dated 4/2004 showing original creditor (not "ABC Co.") with a balance of just over $6k.
- I have a copy of my credit report dated 10/2006 showing a collection agency (not "ABC Co") showing 'Date Opened' of Jun 2006, an 'Original Amount' of almost $8k, and a 'Recent balance' as of 8/2006 of over $12k.
- The Account Number on the Summons matches the account number on each of the credit reports.
- I recently received a Restraining Notice and Information Subpoena (RNIS).
My meritorious defenses will be:
- No business relationship with plaintiff
- No debt collector license number on complaint
- Statute of Limitations has expired on the debt
- Plaintiff is suing for the wrong amount of money
My question is how to respond to the RNIS above and do I engage the Attorney/Collector at all to state my intention to have judgment vacated and case dismissed?
Any and all help is appreciated. Thanks.
I am in New York State and recently had a Judgment entered against me for failing to answer.
I am in the process of preparing my Order to Show Cause To Vacate Default and am doing to some research into the account (which I should have done a long time ago). I will list the facts and look for advice:
- Was sued by "ABC Co." (psuedo name) based in upstate NY.
- The amount of the suit was between $18 - $20k
- The Summons lists a specific account number and states an amount from late in 2004 of over $12k.
- I have a copy of my credit report dated 4/2004 showing original creditor (not "ABC Co.") with a balance of just over $6k.
- I have a copy of my credit report dated 10/2006 showing a collection agency (not "ABC Co") showing 'Date Opened' of Jun 2006, an 'Original Amount' of almost $8k, and a 'Recent balance' as of 8/2006 of over $12k.
- The Account Number on the Summons matches the account number on each of the credit reports.
- I recently received a Restraining Notice and Information Subpoena (RNIS).
My meritorious defenses will be:
- No business relationship with plaintiff
- No debt collector license number on complaint
- Statute of Limitations has expired on the debt
- Plaintiff is suing for the wrong amount of money
My question is how to respond to the RNIS above and do I engage the Attorney/Collector at all to state my intention to have judgment vacated and case dismissed?
Any and all help is appreciated. Thanks.
Since you are in NY you might benefit from the following site.
Since you are in NY you might benefit from the following site.
"http://www.nedap.org/hotline/index.html"
