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View Full Version : SOL on Judgment in NY


kayphil
Apr 15, 2009, 04:00 PM
I was sued by Worldwide assets and a judgment was issued in Nassau County, NY on 1/5/05. I was unaware a judgment was entered. I received letters from Worldwide stating I owed them money. I called them numerous times without getting a response and sent them 2 letters dated 3/16/05 and 4/8/05 requesting information on the debt because I could not remember owing the debt to Direct Merchant. My bank accounts were frozen and I sent a third letter dated 7/28/05. After 1 year my accounts were released and I was able to bank as usual. On 4/26/07 I received and income execution from the sheriff’s office telling me to make payments of 10% or my wages would be garnished. I started making payment in May ’07 and continued to make them through October. I could no longer afford the payments and stopped until I made a $400 payment 3/12/08 and that was the last payment. I started the payments immediately because I didn’t want my wages garnished and I thought if it went to court there is nothing I could do. My wages are now being garnished. My question is have I allowed too much time to pass to challenge this? Is there anything I can do at this point? This is an 8,000 judgment so; I am going to be paying it for awhile.

ScottGem
Apr 15, 2009, 04:03 PM
SOL doesn't apply here. SOL is the time they have to start legal proceedings. They already got a judgement and you have acknowledged and accepted. The judgement goes for 10 years and can be renewed for another 10.

kayphil
Apr 15, 2009, 04:13 PM
Because I made payments it means I accepted it? That means I have to pay it out? It is to late for an order to show cause? I am not sure what you mean by goes on for 10 years and can be renewed for another 10. Is it not satisfied when the dollar amount is reached?

ScottGem
Apr 15, 2009, 04:18 PM
A judgement remains in effect until it expires or is satisified.

By making payments you accepted that the debt was yours. I doubt if a court is going to accept a review of the judgement at this point, but you can try.

kayphil
Apr 15, 2009, 04:25 PM
When you say try you mean I can file an order to show cause? I am so sorry about all the question but I have no clue how any of this works.

ScottGem
Apr 15, 2009, 05:02 PM
Show cause for what? The only grounds for vacating a default judgement is that you were unaware of the hearing. And I believe that argument will no longer fly at this late date.