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How do I appeal a judgement?

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ajm7

Junior Member
What is the name of your state? New York.

I live in New York state. I would immensely appreciate any help/advice as I have no legal knowledge.

I had a legal Judgement filed against me about 7-8 years ago (the initial amount was $4000+). I received a letter when the Judgment was filed with request to appear in court. . As I did not go to court, money was taken out of my checking account at that time, but only the balance of my account $700+.

Just yesterday, the same creditor has initiated a debit in the amount of $26,000 in another checking account. I had only about $25 in it, so my account is presently about -$25,975.

In between 7-8 years ago and now, I received numerous letters from the creditor with the debt increasing by hundreds of dollars each month. I did nothing to respond to this letters except contacted creditor by phone which got me nowhere.

My questions are:
1) How do I appeal this judgement? I did not take it seriously at first
2) What happens to the debit? Does it stay on my account and I now owe the bank, or will the bank treat it as a case of insufficient fees and cancel the transaction?

The so-called debt is to a university that claims I signed up for some courses. It's a paralyzing situation for me because I can't quite prove my case and I really haven't tried to beyond sending letters to the school administration and deans with no response.

What happened is this... I wanted to sign up for some courses but the phone sign-up period was closed (it closes a few days before classes begin). I had to sign up by filling out a piece of paper and getting permission from the dean. These were evening courses I wanted to attend while working.

I went to speak to the Dean and mentioned that I possibly wanted to take these courses. My recollection is that I met him in his office and chatted. I spoke to him about the courses and he gave me the piece of paper to fill out indicating what courses I wanted to take. I TENTATIVELY filled it out and gave it to him with the understanding that he would process it (give it to someone who'd sign me up). However, I was unsure whether my demanding job allowed me time to get to the school on time for classes and asked him to hold off until I got in touch with him. I wanted to speak to my supervisor about it because taking these courses required the benevolence of my supervisor.

I decided not to take the courses because the schedule and workload was too demanding. My only and sole mistake in this was that I never got in touch with the dean to let him know that I will NOT be taking the courses. I did not do so because I left him with the understanding that he would sign me up ONLY and ONLY if I got in touch with him. Unfortunately, this was a verbal understanding in the course of a conversation in his office. Never would I have thought it would cause me so much trouble. Seemingly, something happened and he had me signed up for these courses.

I didn't give this one thought for months, being assured that I was not signed up in anything. The college never sent me a letter or contacted me to inform me that I was signed up, until I received th e bill. I called to explain that I did not take these courses and they told me that I must drop them NOW, after the courses have ended. I did, but according to the college, I still owe a large percentage of the tuition.

I did contact the creditor - a law firm representing the college - and they told me that dropping the courses after their end was my acknowledgment that I did sign up. Of course, this is not true. I dropped because the college told me to do so.

I want to reopen this judgment and go to a Judge and present my case. I ignored the first judgment hearing because I literally had no idea what a judgment was - I thought it was a scam to scare me. I also did not and do not feel I owe this college-of-my-nightmares one cent as I never even stepped on campus during that period, and did not sign up for the courses. For this reason, I did not take the matter seriously - owing thousands of dollars for nothing was just so plain insane to me that I thought there's no way they can actually claim I owe this. I also didn't know how to prove my case, as I describe above.. so I let the matter alone thinking it would go away.

What can I do now? How can I prove my case? Please help me.

Thank you!
AJ
 


TigerD

Senior Member
I had a legal Judgement filed against me about 7-8 years ago (the initial amount was $4000+). I received a letter when the Judgment was filed with request to appear in court. . As I did not go to court, money was taken out of my checking account at that time, but only the balance of my account $700+.

In between 7-8 years ago and now, I received numerous letters from the creditor with the debt increasing by hundreds of dollars each month. I did nothing to respond to this letters except contacted creditor by phone which got me nowhere.
Duh. You are obligated to pay interest on that debt. And legal fees.


1) How do I appeal this judgement? I did not take it seriously at first
You don't. You learned an expensive lesson.

2) What happens to the debit? Does it stay on my account and I now owe the bank, or will the bank treat it as a case of insufficient fees and cancel the transaction?
The bank will probably cancel everything except for the money you had in the account at the time and then hit you with a service charge, an insufficient funds charge and daily negative balance fees.


The so-called debt is to a university that claims I signed up for some courses.
No it isn't. This is a judgment for a debt that had already been adjudicated. Everything else in your post is noise. You had an opportunity to defend the suit and you chose not to. You had time to appeal the suit and chose not to.



DC
 
An appeal must be filed within a very short time after the judgment is final. After that, it is final.

A judgment remains open as long as the creditor continues to renew the writs of execution (the process by which they attach accounts).

Thus, you have to negotiate a settlement or you will continue to have the same experience in the future.
 

ajm7

Junior Member
Thank you, Texas Pooh. I just read that I can complete some forms at my county court to request that the judgement be vacated. Do you know if this is indeed possible and if there is a time limit as far as how long a motion to vacate can be submitted to the court after the judgement is final?
AJ
 
maybe ...

In general, a motion to vacate is based on grounds that the original judgment was somehow improperly granted - for example, the original service was invalid, you were out of the country, some unforseen catastrophe beyond your control prevented you from answering, etc.. If you knew about the lawsuit, were properly served, and were just hoping it would magically go away, its not going to work.

I don't know how long after a judgment in NY a motion to vacate can be brought.

Also, its a highly technical pleading ... sounds like its time for a lawyer.
 

Chien

Senior Member
Texas Pooh’s participation in the forum has been marked by succinct, thoughtful and clearly knowledgeable responses, and neither of us is NY but, even without my checking NY statutes, I trust that, in the heart of hearts, (s)he (?) would agree that you’re wasting your time.

You admittedly had notice of a pending default 7-8 years ago and ignored it. A judgment was entered and enforcement actions were taken. A levy resulted in money being seized and you did nothing. You have not only passed any appeal period, you’ve waived any basis to vacate (and the only credible one after that period of time might have been that you were not served – in the face of NY’s infamous service statutes and the fact that you knew of the levy, that’s not even credible). People try to help. TP is trying to help (by softening the blow), but at some point you call it like it is and the likelihood that you can duck this now is slightly less than the likelihood that you can levitate and fly away from it all.

Call a couple of lawyers and explain the background and your objective. If one says that she/he can solve the problem for a fee, do ask how and why. My advice would be to give the consultation fee to the creditor and start reducing the debt. The story is interesting but it is so, soooo old.
 
Chien is right. I suppose I'll have to toughen up and be quicker to deliver tough news!

You have approximately the same chance as a snowball's chance in ... Texas.
 

Chien

Senior Member
LOL Tough love. I meant what I said – you’ve gotten to the heart of things from the start. I have a sense that you’ll be around for awhile, if you wish. Attorney? (I highly doubt “another educated consumer” – the posts don’t have that ring.) If that’s confidential, at least clear up the gender question, so that I/we can properly address the responses.
 

ajm7

Junior Member
In general, a motion to vacate is based on grounds that the original judgment was somehow improperly granted - for example, the original service was invalid, you were out of the country, some unforseen catastrophe beyond your control prevented you from answering, etc..
Thank you, again. Do you know if there is any way that I can obtain the documentation and papers for the "case"? In order to explore my options (and check if original service was valid, for example) I'd need to see all the legal papers associated with this judgement. Can I go to my local court house and ask for them?

AJ
 

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