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Originally Posted by nearperfectmess  What is the name of your state (only U.S. law)? New York
Hi all. I'm trying to find out how I can contest a judgment for school debt. I believe this is considered a default judgment, as I never received a summons or any other documents from New York State. I found the information on my credit file, and want to see what options I have.
I left a SUNY school within 2 weeks of the semester starting - this was a medical withdrawl. I believe SUNY guidelines say that you may withdraw within 5 weeks without owing 100% of the semester. So, 2 weeks is well within that. Second, the bursar removed ALL tuition and fees for this period. Let me repeat, the bursar did not charge me for ANY tuition or fees because I left so soon into the semester. However, this seems to be the charges for housing & meal plan (plus applicable fees or interest, I'm sure).
Can I do anything about this? Can I contest this? I don't have $6000 to give to NY for charges that I wasn't even supposed to have incurred. I'm worried if I start fighting this that they'll start garnishing my wages. I know judgments can fall off after 7 years, but I've also read they can be renewed (valid for up to 20 years in NYS, I believe). I'm sure NYS will probably do all they can to renew and I don't want to take that chance.
Sorry for the long-winded post. Any help/insight is appreciated.
D.What is the name of your state (only U.S. law)? |
First, you need to find out what court issued the judgment against you. That will probably not be listed in the credit report, so you can try going here: http://iapps.courts.state.ny.us/webcivil/ecourtsMain and run searches under "WebCivil Local" and WebCivil Supreme using your name in the top search box and clicking the "defendant" radio button below that. In theory, the case filed against you should pop up and you can find out where/when it was filed.
Once that's done, you need to obtain the "Affidavit of Service" for (the Summons and Complaint) from the court file. You will probably have to do this in person, although it never hurts to try calling. (If you're really lucky, some counties have gone computerized, and you will be able to retrieve certain documents via the internet).
Then review the Affidavit to see if its contents are correct. This document will detail how SUNY claims you were given notice of the lawsuit. Sometimes they have the wrong address, or give it to the wrong person, etc.
If the Affidavit is factually correct, you will need to speak to a local lawyer with respect to vacating the default judgment. If there are provable factual errors in the Aff, then, before leaving the courthouse, you should stop by the Clerk's office and ask them for the forms needed to file an Order to Show Cause to Vacate a Default. I've been told (but haven't personally used) the court's automatic Motion Creator Program is useful for this type of motion: http://www.nycourts.gov/courts/nyc/civil/int_affidavit2vacate.shtml
You can find more information about the whole process here: http://www.nycourts.gov/courts/nyc/civil/vacatingjudg.shtml
Good luck.
06-26-2009, 02:42 PM
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