SupaFly10579 Posted April 9, 2007 Report Share Posted April 9, 2007 I was unknowingly sued by a CA/Lawyer. Of course I lost out of default. My bank account was frozen and thats how I found out. I spoke to a lawyer and he said file a Show Cause document in civil court. I did that last Friday. The date I must return is on the 20th. What do I bring, if anything, on this date? This is not the actual hearing, correct? Link to comment Share on other sites More sharing options...
nurbloc Posted April 11, 2007 Report Share Posted April 11, 2007 I was unknowingly sued by a CA/Lawyer. Of course I lost out of default. My bank account was frozen and thats how I found out. I spoke to a lawyer and he said file a Show Cause document in civil court. I did that last Friday. The date I must return is on the 20th. What do I bring, if anything, on this date? This is not the actual hearing, correct?Ok, here goes. I dont even know if Im on the right track... or if Im even allowed to do this... but... when I applied for my son's SSI we missed the deadline and lost... I filed an appeal and they set a "show cause" hearing. My job was to show the reason I did not get the notice that he was denied. I had to bring my plane tickets because I was out of town when the notice was received... that bought me another 2 weeks extention and I was able to appeal within that time. I worked for me... hope this helps. Link to comment Share on other sites More sharing options...
Jerky Posted April 11, 2007 Report Share Posted April 11, 2007 Did they serve you? Do you have the affidavit of service that they are required to file with the court? The affidavit of service will have the address that they supposedley served you at. If the address noted on the affidavit is not yours, you can file a motion to vacate because the court did not have jurisdiction over you (NY Civil Practice Law and Rules Rule 3211(a)9)After the court receives your motion they will send the Plaintiff an Order to Show Cause, in which they must respond. The court is basically asking the Plaintiff why your motion to vacate should not be granted. Link to comment Share on other sites More sharing options...
SupaFly10579 Posted April 11, 2007 Author Report Share Posted April 11, 2007 oh yay! Thank you both first off!I never received the notice of the court date. I knew of the judgment because my bank account was frozen. So I don't think I was served properly. I had no notice of the date.I have the affadavit of service that I filed when i filed the show cause. It's funny, the nasty girl that I first spoke to when I found out my account was frozen called me today. I did not pick up. She said she was returning my phone call. I called them a month ago and left a message.Another thing: I know this def must be out of SOL. Its from 2000. How can I prove its outside of SOL? Link to comment Share on other sites More sharing options...
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