NY laws VS CT laws

[roal]

What is the name of your state (only U.S. law)?

I currently live in CT but still work in NY. A collection agency put a hold on my bank account because of a judgement that they won against me because I wasnt there to defend myself. Firstly, I didnt even know they were sueing because I never got served. I later found out that they were sending letters to my address that I have not lived for over 5 years. This is for a fleet cc that I thought I was already making payment for to another collection agency. The bottom line is I can hire a lawyer to fight but it will probably cost me more than the judgment amount. When I check my credit report that fleet card is on it but listed as lost or stolen and that the account is current. I just want to know how to approach this. They said they are willing to vacate the judgement against me once I pay the balance. Any suggestions? Thanks

Roal

[You Are Guilty]

Originally Posted by roal

What is the name of your state (only U.S. law)?

I currently live in CT but still work in NY. A collection agency put a hold on my bank account because of a judgement that they won against me because I wasnt there to defend myself. Firstly, I didnt even know they were sueing because I never got served. I later found out that they were sending letters to my address that I have not lived for over 5 years. This is for a fleet cc that I thought I was already making payment for to another collection agency. The bottom line is I can hire a lawyer to fight but it will probably cost me more than the judgment amount. When I check my credit report that fleet card is on it but listed as lost or stolen and that the account is current. I just want to know how to approach this. They said they are willing to vacate the judgement against me once I pay the balance. Any suggestions? Thanks

Roal

1 - obtain a copy of the judgment they received against you.
2 - go to record room of the court listed on the judgment and obtain a copy of the file.
3 - copy the following documents: Summons, Complaint, Affidavit of Service, Motion for Default (may be called "Order to Show Cause for Default) and all attachments.
4 - READ what you just copied. Take particular note on how/when/where the Affidavit of Service said you were served and the truth of the allegations in the Motion.
5 - If there are provable, factual inaccuracies in either document, you will need to file a Motion (or an Order to Show Cause) to Vacate the Default. How this works is dependent on the specific court you're in, so easiest bet is to just ask for the Pro Se clerk and they usually have a blank form you can fill in and file.
(6 - If nothing is inaccurate, then you have a valid judgment and there's nothing you can do except try to negotiate with them to not go after your assets).

Good luck.

[roal]

thanks for the fast response. I'll just pay them because I dont have the time to even go to the court because of my schedule. I spoke to them and they are willing to vacate the judgment since I wasnt properly serve once I pay them. I'm getting this in writing, I just want to know if this can be done and they are not just making this up. Thanks

[You Are Guilty]

Originally Posted by roal

thanks for the fast response. I'll just pay them because I dont have the time to even go to the court because of my schedule. I spoke to them and they are willing to vacate the judgment since I wasnt properly serve once I pay them. I'm getting this in writing, I just want to know if this can be done and they are not just making this up. Thanks

Is it physically possible to do it that way? Absolutely.

Is it likely that they will? Not so much (It costs money to vacate a judgment and there's no incentive for them to do it for you). But if they're willing to put something in writing, you may be able to force them to live up to their end of the agreement.

Good luck.