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  1. #1
    Join Date
    Oct 2008
    Posts
    7

    Default Getting Out of a Default Judgment

    My question involves judgment recovery in the State of: New York


    I have a default judgment about two years ago? can i still filed motion dismissed? What is the best way to get out judgment? if i hired lawyer that will help me?

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Motion Dismissed ?

    Just curious: On what grounds would you file for dismissal?

    If you have a judgment against you, you cannot get it dismissed, especially after two years. The only way out is if the debt is not yours. If it is, you're stuck with it.

  3. #3
    Join Date
    Oct 2008
    Posts
    7

    Default Re: Motion Dismissed ?

    I didn't know the Judgment were enter, After I graduated from college i move to another city work there about 6 month and when i move back I notice there is a judgment which send to my parent home

  4. #4
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Motion Dismissed ?

    Quote Quoting KingHomer
    View Post
    I didn't know the Judgment were enter, After I graduated from college i move to another city work there about 6 month and when i move back I notice there is a judgment which send to my parent home
    They send the summons to your last known address. If that was your parents home, then someone there should have notified you. Since they didn't, a default judgment was entered against you for the debt.

    There's nothing you can legally do about it now except to contact the debt holder and see if you can make payment arrangements.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Motion Dismissed ?

    You can check the court records to see how you were "served" with notice of the lawsuit. If your legal address was your parents' address, and your parents were served with notice of the lawsuit, the service will probably hold up.

    Why did you wait eighteen months after you learned of the judgment to consider taking action?

  6. #6
    Join Date
    Oct 2008
    Posts
    7

    Default Re: Getting Out of a Default Judgment

    I just found out this, after go through court records. They send me a summon after the court date? i cant go to court after they court already pass? is this legal? from wolpoff and abramson

  7. #7
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Getting Out of a Default Judgment

    Are you saying they sent (served) the summons after the court date? How was it served - was it served to your parents?

  8. #8
    Join Date
    Oct 2008
    Posts
    7

    Default Re: Getting Out of a Default Judgment

    I got the court records and i am very confuse i hope some on here can help me.

    some of the common that doesnt look right:

    suitable age person...by delivering a true copy of each to "John Doe" ?
    Mail Copy: address confirmed by neighbor...certified mail number is blank
    Other: spoke no English ....I been live in US all my life, I graduated from College.

    County clerk stamped on June 14 2006


    Summons
    Date: May 18, 2006 ( County clerk stamped on May 22 2006)

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