[mace724]

In NY, have a default judgment to garnish wages that we were never properly served a summons on, to show up in court.

The default judgment was awarded Feb of 2008, executed Jan 2009, when we first became aware of it, when the Marshal's office sent us a copy of the default Judgment by certified mail, also received in January 2009.

We will seek to vacate the default judgment based on Improper Service (no personal jurisdiction).

Is there a SOL or time frame we have to meet in order to file a RJU for order to show cause and vacate the default judgment, in NY on the grounds of lack of jurisdiction?

Thanks in advance

[mace724]

Live in NY, my wife is on the deed with me and just had a default judgment for wage garnishment sent to her via certified mail from the Marshal's office in January.

Trying to do a re-fi the Title compmany says the default judgment is attched to the deed even though the clerk at the Land Records division in our court house shows no liens or attachments.

Is the Title company right? (they want to hold twice the amount of the default judgment monies in escrow till satisfied in order to continue with the re-fi)

Do I have to wait to vacate the judgment before doing a quit claim of my wife off the deed (to avoid any further default judgments being attached) or can I quit claim deed now, but if I do so, will I be responsible for any of my wife's attachements while she was still on the deed?

Thanks,

[JudyKayTee]

This should be combined with your other post and I would do NOTHING without the advice of an Attorney. You could be walking on quicksand.