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Motion to Vacate Judgement granted now what?

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dtunesrus

Junior Member
What is the name of your state? NY

Ok so now that I have won the motion to vacate a default judgement that a debt collection Atty. whom after filing an appeal against me and being ordered by a state supreme court judge to appear for a hearing pulled a no show. This was for a credit debt that was never owed and was disputed that I never owed, being that it was not in my credit report or do I recall ever having a card or were they able to prove that I had the card. I am wondering what could potentially happen next? I know the positive is that I get my bank account back after i was locked down for the past 6 months.
My questions are:
Can they file again and if so where does the process begin?
Can they appeal again after a State Judge granted me the win and dismissed the case?
Could they potentially file the same thing again and sieze my bank account again without telling me?
Do they legally have to varify and validate this debt that I was able to prove that they didnt from the onset?
Am i just being paranoid?
 


lwpat

Senior Member
They can probably file against you again but I doubt it. The only way they can seize your bank account is to get another judgment. You know now to file an answer before this happens.
 

dtunesrus

Junior Member
The odd part is that I did respond, the logistics of it are odd but initially I did respond to the summons within 30 days of recieveing it..... Via the post mark on the envelope not the date 2 months prior when it was listed as being served and the date on the papers inside of it.
 

seniorjudge

Senior Member
Q: Can they file again and if so where does the process begin?

A: Yes and it begins the same way the first lawsuit did, by filing a petition.


Q: Can they appeal again after a State Judge granted me the win and dismissed the case?

A: No; they will just re-file.


Q: Could they potentially file the same thing again and sieze my bank account again without telling me?

A: As earlier told you, they'd have to get another judgment against you.


Q: Do they legally have to varify and validate this debt that I was able to prove that they didnt from the onset?

A: I would certainly hope so.


Q: Am i just being paranoid?

A: I don't know you well enough to answer that.
 

dtunesrus

Junior Member
Another question is how long do they have to remove the restraint against my bank account? (yes it was part of the motion)

What can I do if they refuse to remove it?
 
Last edited:

dcatz

Senior Member
They should do it promptly after the ruling was entered and the case dismissed, but it doesn't sound as if they have the best track record for attention and speed. The right to garnish disappeared when the case was dismissed. Try showing a copy of the ruling to your bank and to the Sheriff/Marshal. If they want a certified copy, you can get that from the court.
 

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