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  1. #1
    Join Date
    Jan 2020
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    2

    Default Renewal Judgment Never Served on a 2002 Default Judgment with No Service -Quesition

    My question involves collection proceedings in the State of New York:
    I was never served in a 1991 action. A default judgment was issued 2003. A traverse hearing on service was ordered but never entertained after attorney quit despite my requests. After 17 years of never receiving any demands to pay or act in any manner, a renewal judgment was entered. I was never served and had no notice of the action.
    QUESTION: can a renewal judgement in NY be issued long after ten years - it is 17 years now. I thought I read that the renewal had to be done before the first ten years were up. Comments? Both actions (now there are 2 index #s that must be vacated) but can a renewal be made after !7 years when there was no attempts to collect?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,426

    Default Re: Renewal Judgment Never Served on a 2002 Default Judgment with No Service -Quesiti

    Judgment for what? Ten years applies to liens on real properties. Money judgments are good for twenty. Also, the timing of judgment expirations is a little different than other things. Docket dates are important. Even if the lien expires, the judgment remains valid and if renewed can result in another ten-year lien.

    You'll have to explain more about what is going on here, or better yet, consult an attorney.

  3. #3
    Join Date
    Jan 2020
    Posts
    2

    Default Re: Renewal Judgment Never Served on a 2002 Default Judgment with No Service -Quesiti

    Quote Quoting flyingron
    View Post
    Judgment for what? Ten years applies to liens on real properties. Money judgments are good for twenty. Also, the timing of judgment expirations is a little different than other things. Docket dates are important. Even if the lien expires, the judgment remains valid and if renewed can result in another ten-year lien.

    You'll have to explain more about what is going on here, or better yet, consult an attorney.

    ----
    The original judgment was a money judgment for an alleged contract case against a PC & personal. The judgment sat in original court over 17 years. Only now it was renewed and a judgment transcript was filed where my home is located (I assume a lien?). How would a renewal work in this case? Question is... if one waits on a money judgment for 17 years, can one then get a renewal judgment and file it where defendant has his home after 17 years? Not clear.
    Further, both original and renewal judgments were never served - false affidavits of service...traverse hearing originally ordered - judges changes, and never took place over my requests.... should I enter 2 cases to vacate default or one motion with two index #s and just say they are related cases? Consolidate via motion? Many thanks.

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