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Help, need advice about a judgement!

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I really desperately need some advice! I've been reading these forums all day, and am a little less confused than when I started!

I have had a judgement against me since Oct. 2004. Someone told me that a creditor cannot collect on an unsecured cc(they can try, but can't sue.) Believing this, I ignored the judgement. In December, I received a letter from the attorney for the plaintiff, stating "persuant to CPLR 3215 Section 3(I) enclosed please find a copy of the summons and verified complaint against you."

I have not heard from Citibank(original creditor), Erin Capital Management, LLC(the CA who purchased the account), or the attorney since then.

I am all of a sudden scared :( though that I shouldn't have ignored this. I really don't understand all the legal talk about collections, but if some of you will be patient with me, and tell me what to do, I'll do it!

I do have one question: Is it too late to ask for Debt Validation? Or, is the best thing to do to call the attorney?

Thanks for any help! :)

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I guess it is never too late to do a debt validation, but the big thing would be to vacate the judgement.

Did they serve you correctly?

I am assuming it was a default judgement, was it?

I would NOT contact THEIR atty, but rather familiarize myself with the state and federal laws first.

Are they trying to garnish your wages or take any other action against you?

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So you can do a dv at anytime on any debt? I'm just trying to get this clear in my head!

I have seen that about vacating a judgement on here, but don't really understand yet what it is. I will have to read up, and ask questions as I come up with them.

As far as I know they served me correctly, but since I've never been served papers before I'll have to check NYstate laws to make sure. I didn't sign anything, but I am assuming that doesn't matter.

Yes, it was a default judgement.

No, as of now they have not tried to garnish wages, or take anything. This is why I am getting worried though, I am afraid that any day something is going to happen I will spend today studying up, and posting questions!

Thanks for your help!

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Can anyone tell me where I would find out about New York State laws regarding these lawsuits, also where to find out if I was served properly, and whether or not I really have a case if I file to vacate a judgement?

Also, what exactly are usury interest limits and where can I read more about this?

Thanks for any help at all, I don't know where else to go for help!

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You have one year to open a default judgment. You need to make a motion that shows 1) you had a reasonable excuse for ignoring the complaint and 2) a meritorious defense to the action.

I would go to the courthouse, pull the case file, and copy what papers you don't have. Were you served personally? If not, you might be able to attack the service. get the affidavit of service and the lawyer's affidavit of regularity, which may be attached as part of the docket ( the piece of paper with the numbers on it).

Judgments earn 9 % in NYS.

Your wages can be garnished, and your bank account can be restrained. However, the lawyer is supposed to send you a notice per Article 52 of the CPLR before they do so.

You can DV, but you are asking for trouble. Start with the case file

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