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LauraZequeira · Jul 26, 2010, 08:24 PM

I was living in Spanish Harlem in NY... I moved out of my apartment... which was paid in full. Four years later I am sent a letter stating I owed them $3000. I was shocked. I spoke to their lawyer who's assistant was really rude and unhelpful.. I had sent them a letter saying I wanted to investigate further... I called to follow up and they said they never received a letter... I was naïve to not get it signed for... wasn't able to get any more info... I called again to be told that I had missed my "court date" which I was never informed that I even had one... next thing I know I had a lien on my credit for it. I don't know what to do now. Please help! I was dumb not to keep records.. as I paid rent with money orders. This sleazy rental company was trying to say I moved out later than I did... not true and knew I could get proof from the electric company as to when I asked them to shut off the electric. Anyway... I don't know what to do now... I want to just take care of it somehow... but I also don't have $3000 either at the moment. Help!
Laura

LisaB4657 · Jul 26, 2010, 08:47 PM

You have to file a motion with the court to have the case re-opened because they never served you properly with the summons and complaint. You should be able to get the forms from the court clerk. Then, after they hold a hearing on your motion and re-open the case they will set a trial date and you will have a chance to defend yourself.

LauraZequeira · Jul 27, 2010, 05:16 AM

Thank You SO much... I will try that. Thank You so much for taking the time to answer me. I was losing sleep.

Many Blessings to YOU
Laura

ScottGem · Jul 27, 2010, 05:27 AM

What did they file a lien against? A lien is an encumbrance on real property that prevents the property from being sold until the debt is satisfied. Are you now a home owner? How did you find out about this "lien". I've never heard of a lien against your credit. If it was justified by a court order then the name of the court and the docket number of the case should be listed on the order.

I'm wondering if this is all just a scare tactic on their part to get you to pay. Because what you have told us doesn't make sense if there was truly a suit against you and a judgment awarded.

LisaB4657 · Jul 27, 2010, 05:29 AM

Originally Posted by ScottGem

What did they file a lien against? A lien is an encumbrance on real property that prevents the property from being sold until the debt is satisfied. Are you now a home owner? How did you find out about this "lien". I've never heard of a lien against your credit. If it was justified by a court order then the name of the court and the docket number of the case should be listed on the order.

I'm wondering if this is all just a scare tactic on their part to get you to pay. Because what you have told us doesn't make sense if there was truly a suit against you and a judgment awarded.

Scott, a judgment is a lien. And the OP said it showed up on her credit. She may have applied for a loan and the judgment showed up on her credit report.

ScottGem · Jul 27, 2010, 05:35 AM

Hi Lisa,
Ok, that's one way to read it. I hadn't looked at it from that angle. If it did show up on her credit, then the credit report should list the court and docket. But I'd like to make sure. It also sounds to me like a scam from an unscrupulous collector. The timeline is not clear as she said the first she knew about it was a letter from the collector. Without a court and docket # she can't even file a motion to vacate.

LisaB4657 · Jul 27, 2010, 05:39 AM

If it does show up on her credit then it would have to show the court and docket number and she could start with that. If it doesn't show up on her credit then we would need to know exactly how she discovered there was a judgment.

I'm not sure but in NY isn't the Statute of Limitations 2 years for something like this?