Judgement even after sending a DV

[melw365]

Hi

A summons was posted on my door 6/7/2010. A DV letter went out 6/26/10 registered and return receipt. The return receipt was signed 6/29/10.

It was sent to Asset Acceptance in Warren City, MI. There was an attorneys office in N.Y. but I felt it would be better to send the DV to the company. I noticed yesterday that there was a judgement filed Aug 16, 2010. How do I get this judgement off since I was waiting for a response from the DV.

I feel like these guys will try anything even though legally I did what I had to.

Thanks

[nobk4me]

Did you answer the lawsuit? It sounds like maybe you didn't? In that case, it will be difficult to vacate the judgment.

The problem is they sued you before you sent the DV letter. After getting the summons, DV should not have been your priority, answering the lawsuit should have been.

Sorry I can't be more positive here.

[melw365]

Based on my situation in my original thread I spoke to someone from out west which gave me advice and what to do but doesn't know anything about New York State.

My county is Rockland County in NYS. Can anyone steer me in the right direction since I did answer by mail to the credit company with a few days but still have a judgement.

"In many states you can get relief from the default by filing a motion with the Court. The standards vary, but usually you just need to show mistake or excusable neglect or something like that."

Thanks

[Guest usctrojanalum]

In New York to get a judgment vacated you need to have an excusable reason for your default and a meritorious defense to the action.

When you are served with a summons, DV is out the window. I do not know where you read that it is okay to respond to a summons by sending a DV letter.

You should have responded with an answer which responded to the allegations and meritorious defenses.

What you are going to have to do now is go down to the court you are being sued in and you will have to get what is called an "Order To Show Cause." You are going to have to wait around for a judge to sign it.

You are going to have to make an affidavit stating that you have a reasonable excuse for your default, just say you were never served with a summons (this is going to be pretty hard for you to prove if they oppose the OSC since you sent them a DV right after you got the summons)

Next you will have to state you have a meritiorious defense. Say that you do not owe asset any money and that they do not have standing to sue on such a debt. Say following the tradition of NYS you want to have the case decided on the Merits.

90% of the time the plaintiff will just consent to the relief you are requesting since it is too much work to oppose these. If they do oppose it I guess come back for more help.

[melw365]

Would I be able to send you an attachment of the letter I sent out. I stated that the claim is disputed and I wanted verification among other requests.

Thanks for getting back to me.

melw365

[LostMind]

Would I be able to send you an attachment of the letter I sent out. I stated that the claim is disputed and I wanted verification among other requests.

Thanks for getting back to me.

melw365

They just explained the only proper response was to the court, nothing else matters.

[Recovering Attorney]

I sent you a PM.

You need to go to the courthouse or county clerk's office and get copies of everything in the file. See if there is a judgment. If so, what other papers did they sumbit to get teh judgment.

Also, look back and see if you have letters from Asset or the lawyer suing you for Asset. The DV you sent may mean someting, or it may not.

[Tootsie88]

In New York to get a judgment vacated you need to have an excusable reason for your default and a meritorious defense to the action.

When you are served with a summons, DV is out the window. I do not know where you read that it is okay to respond to a summons by sending a DV letter.

You should have responded with an answer which responded to the allegations and meritorious defenses.

What you are going to have to do now is go down to the court you are being sued in and you will have to get what is called an "Order To Show Cause." You are going to have to wait around for a judge to sign it.

You are going to have to make an affidavit stating that you have a reasonable excuse for your default, just say you were never served with a summons (this is going to be pretty hard for you to prove if they oppose the OSC since you sent them a DV right after you got the summons)

Next you will have to state you have a meritiorious defense. Say that you do not owe asset any money and that they do not have standing to sue on such a debt. Say following the tradition of NYS you want to have the case decided on the Merits.

90% of the time the plaintiff will just consent to the relief you are requesting since it is too much work to oppose these. If they do oppose it I guess come back for more help.

I would have to agree... I recently filed and order to show cause and affidavit in support to vacate judgment and restore to the calendar. This judgment was entered against me 2 years ago and I would have still be clueless if I hadn't checked my Credit Report.

The judge accepted my motion and the plaintiff's filed an opposition affirmation to my order to show cause. I came back with a reply to in opposition affirmation. They came back with an sur-reply to my reply...lol. Since I didn't know how to respond to that, I called my county clerks office and they advised me that they don't accept sur-replies.

This is a no appearance issue. Until I hear from the court, I guess we all just have to wait.

Wish me luck!

[Mr. Reps]

When your are served a summons or a compliant YOU MUST RESPOND TO IT BY ANSWERING IT.Debt validation is a part of the pre legal communication process Once they serve you you are now in a Legal Fight and must adhere to court rules and procedures. If you did not answer that summons they have won by default. This is a mistake that 90 percent of all debtors make when they get served they dont respond to the compliant. The mistake is fatal. They ought to thank you for helping them win.