Ask Experts Questions for FREE Help !
Ask
    kayphil's Avatar
    kayphil Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Apr 15, 2009, 04:00 PM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Apr 15, 2009, 04:03 PM

    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.
    kayphil's Avatar
    kayphil Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Apr 15, 2009, 04:13 PM

    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Apr 15, 2009, 04:18 PM

    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.
    kayphil's Avatar
    kayphil Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Apr 15, 2009, 04:25 PM

    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #6

    Apr 15, 2009, 05:02 PM

    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Obtaining a Judgment on a debt that has a prior Judgment [ 1 Answers ]

Now I thought that you can't get another judgment on a debt if there is a prior judgment obtained back in July 2004 from Ohio. But the debtor moved to New York and they want to have an atty in New York place another judgment on the same debt. Don't they have to request an Exemplified Judgment...

Who should I pay judgment too? [ 2 Answers ]

I found a judgment on my credit report and investigated. Upon investigating I found it was from an old medical bill and I called the law office that represented the hospital and paid the judgment. I then was called by a credit collection agency that said they owned those accounts and they...

Do I have to pay judgment [ 2 Answers ]

I live in California and I have a judgment against me for a personal loan of $4000. Can I wait for the judgment to be paid out of my estate or when I sell my house? Will the debt increase or stay the same?

Judgment [ 1 Answers ]

I have been threatened with a judgment from a bad credit card debt. I did try to work out a payment plan but they wanted to take it directly from my checking each month and I did not want them to have my account number. I wanted to send a cashier's check. I do not own my home and I am in...

AT&T Judgment - NY [ 5 Answers ]

I just received a letter in the mail that I owe AT&T $5,300.00 which was five years previous. Now I had relocated out of the State of New York for the past eight months and just returned. How much time would I have to dispute this judgment? Can they freeze my bank account or garnish my wages for...

View more questions Search