Can I file a motion to dismiss?

[ashleywilkes]

What is the name of your state (only U.S. law)? NY
I live in California and am being sued in NY State for a debt which is not mine. They restrained my account because I never showed up for court because they served me at an address where I have never lived. I want to file a motion to dismiss all this nonsense, however, the only evidence I have is A) copy of my credit report showing that this debt is nowhere to be found on any of my 3 credit reports (including the original creditor which the case file says is Citibank!! B) the US post office records showing the 3 fowarding addresses that I have ever had in my life C) Photo ID showing that the person in the Summons Affidavit is so obviously not me. Any ideas here? I cannot fly to NY at this time. I just started a new job and dont even get personal/vacation time until next winter!!!

 

[CourtClerk]

If I recall correctly, there is already a judgment on this case, which is why they have levied your accounts. Therefore, you cannot file a motion to dismiss, the case is already done.

And stop creating a thread for every question or every little thought.

 

[ecmst12]

What you need is a motion to VACATE the judgement. And if you can't go to NY, you should hire a lawyer in NY to represent you.