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I live in NY State and I have a default judgment placed against me. It was placed against me while I was incarcerated. Because of this, I could not answer or appear before court to respond, therefore plaintiff won by default. What rights to do I have to fight this judgment stemming from a criminal conviction? Am I required by law to serve my sentencing AND repay all monies stated in judgment? This judgment goes back 10 years.
What type of lawsuit was it? Who was the plaintiff? How did they claim to have served you?Quote:
Originally Posted by tbrown40ny
It was a grand larceny criminal conviction. The plaintiff is a former employer and they claimed to have mailed papers to the correctional facility.
Was this lawsuit related to the reason that you were incarcerated? How long ago was the judgment placed against you? When did you learn that it had been placed?Quote:
Originally Posted by tbrown40ny
Yes its related to incarceration charge. The judgment was placed in July 1999. I was incarcerated since Jan 1999. I learned of judgment in 2002 during my transport to another correctional facility AND after the plaintiff had won by default.Quote:
Originally Posted by this8384
You can file to have it dismissed based on the grounds of improper service, but if you've been aware of it for the last 8 years and haven't done anything about it, I don't know that trying to have it dismissed will work.Quote:
Originally Posted by tbrown40ny
Why didn't you address this in 2002?
I didn't address it in 2002 because I was still incarcerated. After I paroled in 2007, I didn't hear anything further about it. It wasn't until Jan 2010 that I received a subpoena requesting that I show up for debtor's examination in front of a notary.Quote:
Originally Posted by this8384
Are you positive that you weren't ordered to pay restitution due to the crime committed, and that's what you're facing rather than a default judgment?Quote:
Originally Posted by tbrown40ny
I am positive... during my entire criminal hearings... restitution was nevered mentioned.Quote:
Originally Posted by this8384
Can I go back to the notes of my sentencing and confirmed that restitution was NOT ordered?Quote:
Originally Posted by this8384
This all sounds very fishy. I can't imagine why a prison would not forward the papers. And even if you were to get the judgment vacated, all they would do is serve you as you left the court. Since you were convicted of the criminal charge, what would you defense be against the civil suit.
I don't think that I have a defense... but what I really want to know is if their actions were legal? Is it within the law that I can serve my entire sentence AND be liable for the judgment too (even if incarcerated at the time the judgment was placed?)Quote:
Originally Posted by ScottGem
It depends on what the judgment is for. It is certainly legal for a victim of a crime to sue the perpetrator in civil court.
And can the victim sue even after the perpetrator has been sentenced AND while the sentenced is being served?Quote:
Originally Posted by ScottGem
Again a civil suit is separate from the criminal trial. Look at the OJ case. There is nothing stopping him from suing you while you are incarcerated.
Scott is absolutely correct - and it's not unusual for papers to be provided to a prison TO BE SERVED ON A PRISONER because prisons as a general rule will not allow outside process servers to enter for that purpose.
I own a process service company.
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