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Motion to Vacate Judgement

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xelar

Junior Member
((I've posted this thread in the 'real estate' section, however, was told moved it here. Could only close, but not delete, the old thread, sorry, no double posting intended!))

After being sued by my previous landlord, a judgement in the amount of roughly USD12,000.00 by the Civil Court of the City of New York has been obtained against me. I would very much appreciate if someone could point me in the right direction of possible further steps, particularly by replying to the questions below.

First, let me try to give you a brief synopsis, as unbiased as possible:

In 1996 (yes, that long ago!) I vacated a rental apartment in New York city. A light fire damage on the hardwood floor was reported to and checked by the landlord's representative and it was verbally agreed, that the costs of repair will be deducted from my 1-month deposit.

Apart from receiving a nice reference letter from the landlord, I didn't hear from him until 1998 (yes, 2 years later!), when he requested the payment of USD8,000.00 (USD4,000.00 for repairs, USD4,000.00 for rent during the renovation period). I admit that I fully neglected the claim and the following reminders until the landlord filed a lawsuit. This prompted me to get the help of a lawyer (friend), who represented me until his advise was to find a lawyer who is more specialised in such cases, as the plaintiff was moving ahead very aggressively. Unfortunately, I didn't follow his advise to hire another lawyer.

Then, in 2001, I moved to Europe. Mail sent to my old New York address was either disregarded, returned or forwarded to me very sporadically by the current tenant. Whenever I did receive mail in regards to this lawsuit, I, again, neglected it.

Now, in April 2005, I received the judgement, dated 25 February 2005. Just for the record, I still have all documents showing the damage (photo), my rent payments, the landlord's reference letter, etc.

So, my main questions are:

1) A next step could be to file a Motion to Vacate the Judgment (unfounded claims, not having received all correspondence, etc.). Correct?
2) If correct, could I file that myself, provided I follow the right procedures or would/should I go through a lawyer?
3) Is sending unregistered letters about this case regarded as 'proper service' in New York city?

Thanks, much, for any hints and thoughts.
 



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