lied to get judgement Ny

[samthedog]

NY.....this is simple..ex girlfriend takes me to small claims..to be rid of her, I agree to 15 payments of 85 per month...simple, right? I make my payments, ontime, certified mail...she gets signs for payments 1/8..
She then runs to court claiming she didnt get payment 9..I get a letter in mail that she demands full 5k...on a notarized statement to court, she outright lied about payment 9...I ran to court, with letter requesting overturning of judgement ( she did sign for payment 10)....I provided court with copies of everything (postal money order) reciepts for purchase of money order, original certified mailing etc.....I just tracked down original letter mailed to her and am picking it up and giving it to court unopened, let the judge open it and see money order inside....bottom line, she clearly lied to court, clearly purposely didnt sign for this payment that she dragged me into court for.....I cant imagine the court wont see thru this....what are my chances for having this judgement reversed......thanx...sam.

 

[BL]

NY.....this is simple..ex girlfriend takes me to small claims..to be rid of her, I agree to 15 payments of 85 per month...simple, right? I make my payments, ontime, certified mail...she gets signs for payments 1/8..
She then runs to court claiming she didnt get payment 9..I get a letter in mail that she demands full 5k...on a notarized statement to court, she outright lied about payment 9...I ran to court, with letter requesting overturning of judgement ( she did sign for payment 10)....I provided court with copies of everything (postal money order) reciepts for purchase of money order, original certified mailing etc.....I just tracked down original letter mailed to her and am picking it up and giving it to court unopened, let the judge open it and see money order inside....bottom line, she clearly lied to court, clearly purposely didnt sign for this payment that she dragged me into court for.....I cant imagine the court wont see thru this....what are my chances for having this judgement reversed......thanx...sam.

Are you still making payments?

 

[samthedog]

Yes.....in the copies of letter/documents that I sent to court requesing reopening, was march payment...copies enclosed in courts package.....im wondering if I should just let post office keep the letter....as of today, she is current, no late payments.....I was notified today that its reopened...but that the judgement mite be valid until then, she can cause a lot of damage with that judgement before court....do I need to request a stay separately?.....she has tortured the court every other month, claiming late payments ( denied) and even claiming a check was 13 cents short ( denied)....now she lied about not recieving january..the court clerk is wise to her....but I need to shut this down...its 84 bux a month, I mean really...I owe about 800 dollars, I may just show up with the balance of the agreement and tell the judge lets settle this NOW.....Thank you for responding

 

[BL]

Yes.....in the copies of letter/documents that I sent to court requesing reopening, was march payment...copies enclosed in courts package.....im wondering if I should just let post office keep the letter....as of today, she is current, no late payments.....I was notified today that its reopened...but that the judgement mite be valid until then, she can cause a lot of damage with that judgement before court....do I need to request a stay separately?.....she has tortured the court every other month, claiming late payments ( denied) and even claiming a check was 13 cents short ( denied)....now she lied about not recieving january..the court clerk is wise to her....but I need to shut this down...its 84 bux a month, I mean really...I owe about 800 dollars, I may just show up with the balance of the agreement and tell the judge lets settle this NOW.....Thank you for responding

What Judgment ? I don't get it . Was there another court appearance ? If so ,did you present your evidence that payments are current ? If so, you should have ask her petition to be dismissed
.

 

[samthedog]

Chek my original post...I started making payments in july...january she claimed by notorized statement that she didnt recieve jan...I had no knowledge of her letter to court...she was issued default judgement of 5k....when I recieved her demand letter, I ran to court with my evidence that jan was sent cert mail....shes trying to be ' cute'...she just refused to sign for it, then ran to court crying she didnt recieve it.....I have all reciepts that it was mailed 5 days before due date...copies of chek made out to her, reciept of letter, everything

 

[BL]

Chek my original post...I started making payments in july...january she claimed by notorized statement that she didnt recieve jan...I had no knowledge of her letter to court...she was issued default judgement of 5k....when I recieved her demand letter, I ran to court with my evidence that jan was sent cert mail....shes trying to be ' cute'...she just refused to sign for it, then ran to court crying she didnt recieve it.....I have all reciepts that it was mailed 5 days before due date...copies of chek made out to her, reciept of letter, everything

sorry notarized statements don't work in scs court just to be sent in . .don't know where you're coming from.

 

[samthedog]

All I know is she got a judgement. ....the judge reopened the case when he saw my evidence....bottom line....she lied to get her judgement, the judge is gonna have some questions for her im sure....court date in 2 weeks for judge to make his decision. ...im juejust hoping he returns it back to the original agreement

 

[quincy]

...I owe about 800 dollars, I may just show up with the balance of the agreement and tell the judge lets settle this NOW....

If you have the money, it seems like a good idea to pay what you owe in full. Make sure you get a "satisfaction of judgment" recorded with the court and keep a copy for yourself.

 

[BL]

If you have the money, it seems like a good idea to pay what you owe in full. Make sure you get a "satisfaction of judgment" recorded with the court and keep a copy for yourself.

I agree , but the poster want's it back the way it was on payments. Present your proof of payments , although money order stubs don't guarantee the payment was RECEIVED . How were/are these payments made ? Did you mention certified mail ? Return receipt requested and have them? Along with proofs of payments?

 

[xylene]

I agree , but the poster want's it back the way it was on payments.

Settlement was 15 x 85 = 1275.

A substantially smaller amount than 5000

If the op has 5 payments left, that's 425. OP culd you provide some clarifiaction on that since you say you owe 800 - is there a balloon payment or something? Paying the settlement amount in full, if possible would be a smart move given these shenanigans.

 

[BL]

Settlement was 15 x 85 = 1275.

A substantially smaller amount than 5000

If the op has 5 payments left, that's 425. OP culd you provide some clarifiaction on that since you say you owe 800 - is there a balloon payment or something? Paying the settlement amount in full, if possible would be a smart move given these shenanigans.

I think the poster is saying there are lies about not receiving payments .

That's why my Q's. How were/are these payments being made?

 

[samthedog]

Postal money order....not cashed...she refused the letter containing it, the post office cant find this letter, but wont give me a printout ( the tracking undeliverable)....I spoke with the postmaster and he promised he will help me track it down...the 1st payment she asked for a judgement because it was 13 cents short...then she claimed nov/dec was late and asked for judgement ( denied im not risking a judgement of 5k lol.)...I guess she figured the way to get her judgement was to not sign for it, then claim she never got it......her demand letter to me claimed the judgement was granted cause of feb late payment ( bull****)....she sends me anonymous txts of pictures of judgement, etc to poke me....I wonder if he will issue a restraining order lol....bottom line ? I paid every month, she wants to use the court as her personal baseball bat

 

[BL]

Postal money order....not cashed...she refused the letter containing it, the post office cant find this letter, but wont give me a printout ( the tracking undeliverable)....I spoke with the postmaster and he promised he will help me track it down...the 1st payment she asked for a judgement because it was 13 cents short...then she claimed nov/dec was late and asked for judgement ( denied im not risking a judgement of 5k lol.)...I guess she figured the way to get her judgement was to not sign for it, then claim she never got it......her demand letter to me claimed the judgement was granted cause of feb late payment ( bull****)....she sends me anonymous txts of pictures of judgement, etc to poke me....I wonder if he will issue a restraining order lol....bottom line ? I paid every month, she wants to use the court as her personal baseball bat

That's most a your problem .You send it by M/O .. Ya can say all ya want but if ya don't CYA you're going to lose even against a vindictive X.

 

[samthedog]

Well....the postmaster took 10 days...but he tracked down the letter...and it has 'refused' stamped all over it...the dates of refusal days before the due date....its unopened....after I have her swear in court her version, ill whip out the letter and bury her sorry lying ass.....stay tuned...court is April Fools Day.

 

[samthedog]

Judgement REVERSED.....I had to bite my tounge cause the judge was yelling at me.....she is the one badgering the court the past 8 months.....I havent seen or spoken to her in 10 months....there are no motions with my name on them except the one I filed to get the judgement overturned******************......whatever...I cant imagine what divorced people go thru...holy FxxK....thnx to all who chimed in