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-   -   SOL on Judgment in NY (https://www.askmehelpdesk.com/showthread.php?t=342058)

  • Apr 15, 2009, 04:00 PM
    kayphil
    SOL on Judgment in NY
    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.
  • Apr 15, 2009, 04:03 PM
    ScottGem

    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.
  • Apr 15, 2009, 04:13 PM
    kayphil

    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?
  • Apr 15, 2009, 04:18 PM
    ScottGem

    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.
  • Apr 15, 2009, 04:25 PM
    kayphil

    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.
  • Apr 15, 2009, 05:02 PM
    ScottGem

    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.

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