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NYC Default Judgement from Capital One.


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I just checked my credit report for the first time in years and I found that I have a default judgement on my report from Capital One from 06/2010 for $2,500.

Apparently, the summons was mailed to a former address of mine but I wasn't living there that year.

How should I address this? Should I try to Vacate?

Any help would be appreciated.

Corvettester

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Guest usctrojanalum

NYC Courts are really helpful, go down to one and ask for a Order to Show Cause to Vacate judgment and they will have a form that can help you fill it out pretty easily. A judge will have to sign it so you may have to wait around for one to show up, or for one to have time to sign it so that can get a bit annoying. It will be put down for a hearing date in the future. 90% of the time, plaintiff will consent to relief you are requesting. bring proof of your address at the time the summons was served.

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Thanks for your prompt response.

How will I know when they served me?

The reason I ask is because the date on my CR for the DJ is 06/2010, but that doesn't necessarily mean that that is when they served me. I left that apartment in 10/2009 so I shouldn't have trouble proving that.

You don't think they would have served me that early do you?

Corvettester

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Btw, if I get approved to Vacate and the plaintiff gives consent to relief, then what is the next step?

Does the court automatically remove it from the CRA, or must I then go on to dispute it with the CRAs separately? Will I have a god chance of getting it removed?

Corvettester

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Guest usctrojanalum
Thanks for your prompt response.

How will I know when they served me?

When you go down to the Court house you have been sued in, ask for a copy of the affidavit of service. On that piece of paper, it will be an affidavit of a process serving stating the manner in which he served you. There are a few different ways of being served.

Btw, if I get approved to Vacate and the plaintiff gives consent to relief, then what is the next step?

OK, so my feeling is plaintiff will most likely consent. If they oppose it, that's different and come back for more advice. What will most likely happen on the hearing date, an atty for the other side will show up and say we consent to the relief. The judge will then issue an Order (these are usually pre-printed he/she just has to sign).

Keep a copy of the Order, and mail it to the CRA's. it'll come off pretty quickly.

After the Judge issues the order, your case will be put on the trial calendar and you will be asked to file an answer. NYC is very debtor friendly, but this is their least debtor friendly procedure.

Instead of vacating the judgment and dismissing the complaint, they just move the case to the trial calendar so the plaintiff does not have to file another lawsuit and incur additional expenses. During this time you can litigate the case if you wish.

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  • 3 weeks later...

So I went down to the courthouse to file an order to vacate. It was much easier than I thought it would be.

Now I have the court date scheduled for June 8th. How do I proceed from here? Is there anything special that I need to do?

Just by chance, the lawyer who represents Captial One was in the lobby and I got to meet her. She was really nice. She said that the judge typically consents to vacate or something like that.

Is this correct?

Corvettester

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Btw, if I get approved to Vacate and the plaintiff gives consent to relief, then what is the next step?

Does the court automatically remove it from the CRA, or must I then go on to dispute it with the CRAs separately? Will I have a god chance of getting it removed?

Corvettester

The courts don't report anything to the CRA's so you'll have to send a copy of the signed order to vacate default judgment to them under separate cover. They must update it as "vacated" but they will not remove it unless you have it expunged.

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