Is it too late?

[LawQuestion15]

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

Hi,
I had a judgement placed on me on 3/2014, which I found out about in 8/2014 by mail, but I disregarded it as a scam.

After talking with some people recently, they said to check it out, as it was a personal "friend" who stabbed me in the back, so I checked, and it was valid.

Is it too late to dispute it?

Thanks !

 

[Proserpina]

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

Hi,
I had a judgement placed on me on 3/2014, which I found out about in 8/2014 by mail, but I disregarded it as a scam.

After talking with some people recently, they said to check it out, as it was a personal "friend" who stabbed me in the back, so I checked, and it was valid.

Is it too late to dispute it?

Thanks !

Were you properly served?

 

[LawQuestion15]

Yes, sorry, I said mail.
I was served with notification on 8/21/14 that it was entered on 3/2014.
A friend mentioned I had 12 months to fight it, but not sure if he knows what he's talking about or if that applies here?

 

[Ohiogal]

Were you properly served for the COURT CASE?

 

[LawQuestion15]

I did not personally sign for anything regarding a court case. All I signed for was the notice that said a judgment had been placed on me 5 months prior.

Which date counts....3/2014 or 8/2014, if I had 12 months to counter?

Do I counter-sue him?

 

[davew128]

I did not personally sign for anything regarding a court case. All I signed for was the notice that said a judgment had been placed on me 5 months prior.

Which date counts....3/2014 or 8/2014, if I had 12 months to counter?

You lost by default. The judgement is already in place. You were sued, didn't show, lost. You've been asked repeatedly if you were served with notice of the lawsuit before the trial date.

Do I counter-sue him?

For WHAT?

 

[Zigner]

To be clear (for the OP): You don't have to sign anything when you are served with a lawsuit.

 

[LawQuestion15]

No, I did not know there was a lawsuit taking place, or I would have been there in his face!

 

[latigo]

I did not personally sign for anything regarding a court case. All I signed for was the notice that said a judgment had been placed on me 5 months prior.?

More liberal time-wise than most in New York) a judgment debtor seeking to set aside a default judgment may do so within one year after he obtains knowledge of entry of the judgment, "but in no event more than five years after such entry". (NYCPLR §317)

The essential requirements being:

"The defendant must show that he or she did not receive actual notice of the process in time to defend the action."

"The showing of a meritorious defense."

Here you have neither denied receiving personal service of process (for which as Z has noted requires no acknowledgement, written or otherwise) nor have you disclaimed the legitimacy of the debt underlying the judgment contending that if allowed to defend the action you would have a reasonable chance at succeeding.

 

[Proserpina]

No, I did not know there was a lawsuit taking place, or I would have been there in his face!

Get the file, and see how service was perfected.

It likely won't matter though, since you were aware just a couple of months later but chose to ignore the information anyway.

To reiterate, service can be perfected in several ways - obviously not all of them require your signature.

More to the point, the debt was valid - what is it you're trying to avoid exactly?

 

[LawQuestion15]

This guy is an unsavory character, and that's why I dismissed the lawsuit notice. It looked bogus. He uses his employees like slaves and can make anything happen for money. Anyway, based on his history, I dismissed it as not a real lawsuit.

Well, look, here is the chronology.

8/2014 Notified of a judgment placed on me in March 2014 for some debts he made up that I owed him!
6/2014 The current date: to me, notification was 8/2014, and it's been 10 months. OR, has it really been 15 months? Either way, do I still have time to fight this?

Get the file, and see how service was perfected.

It likely won't matter though, since you were aware just a couple of months later but chose to ignore the information anyway.

To reiterate, service can be perfected in several ways - obviously not all of them require your signature.

More to the point, the debt was valid - what is it you're trying to avoid exactly?

 

[eerelations]

This guy is an unsavory character, and that's why I dismissed the lawsuit notice. It looked bogus. He uses his employees like slaves and can make anything happen for money. Anyway, based on his history, I dismissed it as not a real lawsuit.

Well, look, here is the chronology.

8/2014 Notified of a judgment placed on me in March 2014 for some debts he made up that I owed him!
6/2014 The current date: to me, notification was 8/2014, and it's been 10 months. OR, has it really been 15 months? Either way, do I still have time to fight this?

First you need to find out how the courts believed you were served with notice of an upcoming lawsuit.

 

[TigerD]

This guy is an unsavory character, and that's why I dismissed the lawsuit notice. It looked bogus. He uses his employees like slaves and can make anything happen for money. Anyway, based on his history, I dismissed it as not a real lawsuit.

Well, look, here is the chronology.

8/2014 Notified of a judgment placed on me in March 2014 for some debts he made up that I owed him!
6/2014 The current date: to me, notification was 8/2014, and it's been 10 months. OR, has it really been 15 months? Either way, do I still have time to fight this?

Based on your posts here, I do not believe that YOU have time to fight this regardless of whether or not you have statutory time. You are unable to directly answer simply questions from total strangers trying to help you. It may be time for you to actually consult with an attorney. Personally, I agree with latigo's assessment.

TD

 

[LawQuestion15]

Thanks, but what simple questions?
I am being as open and honest as possible here.

Please help me further. I am a law novice, so please bear with me on some of the terms you use, since I am far from a JD

 

[Zigner]

Thanks, but what simple questions?
I am being as open and honest as possible here.

Please help me further. I am a law novice, so please bear with me on some of the terms you use, since I am far from a JD

Have you gone to the court to examine the file in order to determine the method of service?

Had you known about it at the time (I'm giving you the benefit of the doubt on that), what would your defense have been?