[nymanny]

I receive letter from the court regarding the judgement case and I have to respond within 20 days but I thought its nothing and I ignored ,now after 2 month I find out I make a BIG mistake ,how I can appeal that before the court make the judgement againest me ?
Please advice me before the time run
Thank you

[ScottGem]

Yep big mistake!

You can try filing a motion to vacate the judgement on the grounds that you did not get due process. But if they can show you were properly served you may not have a case.

[nymanny]

Please advise me how I will fill motion to vacate judgement , also what I will tell them if they asked me that How I know about the case if I didn't served?
Or just I will go to the court and search for any case or judgement against me then if I find any case I file motion to vacate the judgement??
Or I just go to the court and fill a motion to vacate without any reason ? Its little confused to me , please help!!
Thank you

[nymanny]

Please advise me how I will fill motion to vacate judgement , also what I will tell them if they asked me that How I know about the case if I didn't served?
Or just I will go to the court and search for any case or judgement against me then if I find any case I file motion to vacate the judgement??
Or I just go to the court and fill a motion to vacate without any reason ? Its little confused to me , please help!!
Thank you

[ScottGem]

Before you go to court, read the mail you got. What EXACTLY does it say? Does it say something to the effect that you are ordered to respond? Does it say that <creditor> has filed a request for default judgement? If you are still unclear whether this is a notice of a suit being filed rather than a notice a judgement awarded, then contact the court and inquire whether a judgement has been entered against you.

Once you know what you have, we can go from there.

[nymanny]

Ok I will write to you what I get from the court :

YOU are hereby summoned to appear in the civil court of NYC , at the office if the clerk of the said court at 927 castleton ave , staten island ,NY in the county of richomond city and state of ny , Within the time provided by law as noted below and to file your answer to annexed complaint with the clerk ,
upon your failure to answer, judgement will be taken agaist you for the sum of $3800 with interest thereon frim 5/22/07 together with costs of this action


so I get this letter on jun 21 /2007
now please advise me what to do, and how I will get proof I never get this notice by mail ?
please help
thank you

[ScottGem]

What time frame was given to respond? What was the date of the letter? Did you respond?

Are you telling me that you don't really understand what that letter says? Let me break it down:

You are summoned to appear... This means that you have to show up when and where specified.
to file your answer... This means your response to the complaint
upon your failure to answer, judgement will be taken... If you don't show up THEN a judgement will be entered.

So what you got was, as I said, a summons to appear and respond to a complaint. This WAS your notice of the suit. How did you get it if not by mail? If you received this in a timely fashion, then you were given due process. If you didn't respond within the allowed time frame (usually 30 days anjd since more than 60 days have gone since you received it, I would say the time expired), then you blew it and allowed a judgement to be entered against you.

The only way you might have a case in a Motion to Vacate is if you got that notice AFTER the time you were required to appear.

So what did you do when you got this letter?

[nymanny]

I get this notice on jun 21/2007.. I never respond , until now, and they give me only 20 days to respond or 30 days if I'm out of NY, so far I never respond and now its almost 3 months and I never take any actions also I never receive any other letter by mail so far,
Of course I understand this notice , my Questions is what the solution for this problem
Can I go and file motion to vacate the judgement after all this time , or I wait until I receive the finall judgement letter from the court ? And if I go now can I tell them I never receive any notice from the court ?

[ScottGem]

I'm not sure you do understand this notice. You keep taliing about a motion to vacate and your grounds are that you never received a notice from the court. But you DID receive notice. This letter that you claim to understand WAS your notice. The letter gave you 20 days to respond. You say you didn't respond so the 20 days are up, a default judgement has been entered against you.

You may not receive any notification from the court that the judgement was entered against you because the notice you received said if you don't respond a judgement will be entered! So you know that was going to happen, the court doesn't need to send you anything more.

The only hope you have now is in respect to the Statue of Limitations (SOL). You need to determine when the last activity was on the account and whether the SOL for NYS (6 years) has passed. If there has been no activity since 5/23/01 then you can file a Motion to Vacate on grounds that the SOL had expired prior to their filing suit.

If the AOL didn't expire then you only other alternative is to try and negotiate a settlement with the creditor. But since they have a judgement, they have little incentive to do so. If you are working they will find out where and garnish your salary. If you have bank accounts, they will find out where and attach them.

You BLEW it. You could have responded to the summons in the time allotted. You might have been able to beat it because the creditor may not have had sufficient documentation of the debt. But all that is moot now because YOU handed them a default judgement.

Otherwise, you are stuck, my friend.

[nymanny]

But if I want to court and tell them I never receive any notice or worning from the court so I can appeal or no,

[ScottGem]

But you DID receive notice. How was it delivered to you? If you lie in court, you are heading for worse trouble. You really want to make your situation worse then you have already made it by committing perjury?

[slowandeasy]

Like ScottGem said You blew it by not respondng to the summons in the time frame that was listed on the summons. I think now they will go after bank accounts ,wages and your only hope is to either pay or work out a settlement but I doubt if that will fly since they already have a judgement and you should remember that a judgement stays on your credit report for ten years and in some states can be renewed!!

[mr.yet]

Motion to vacate judgment, lack of proper service

There is no form , you have to do it yourself.

In the court of _____________

Plaintiff

V

Defendant

Case #

Motion to vacate

Defendant hereby moves the court to vacate Judgment in Case # _____
For lack of proper service.


YOu will have to look up the Court rule online for your state.

[ScottGem]

Opening a new thread is not going to help you. If you lie to the court about service, you will make matters worse!