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    everett's Avatar
    everett Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Oct 29, 2006, 07:18 PM
    Default judgment
    I have lived in MA since 8/1998, previously having lived in NY. I just (10/2006) received notification of wage garnishment order (income execution) based on a default judgment for an old debt ($2611). The 'entry date' for the default judgment was July 2003, but this was the first I'd heard about it. Obviously I never showed up in court in NY in July 2003, since I never knew about it - and I would have at least shown up with an SOL argument. Is there anything that I can do about the judgment now?

    Thanks in advance for any advice.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
    		  
    #2

    Oct 30, 2006, 03:32 AM
    File Motion to Quash the garnishment in your court. They would have to had transfer the judgment to your state for the wage attachment.

    I would file motion challanging the jurisdiction of the NY for the judgment. If you never recevied notice or did not attneding the court hearing, if may be possible to void the judgment for lack of jurisdiction.

    You may want to look into that under your state rules.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Oct 30, 2006, 06:51 AM
    Or you could just pay the debt in full. You seem to acknowledge it is your debt.
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