ceelovejay Posted April 11, 2012 Report Posted April 11, 2012 Hello all. I currently have two default judgments entered against me in NY (City).The first one is from 2008 in favor of a company I have never heard of before in my life. Is there a SOL regarding whether I can even file a Motion to Vacate?The second one is from September 2011 in favor of Merrick Bank.I was never served in either. I was a resident of the state of Maryland. I moved down here in October of 2006. Do I need to actually go to the clerk's office in order to file the MTV? I'm in the very beginning progress of getting my credit on track and want to start with the heavy hitters first.Thanks for the assistance!
Coltfan1972 Posted April 11, 2012 Report Posted April 11, 2012 Yes, there is a time frame. You would have to look at your rules of procedure. You are probably in the time frame though. You would need to get a copy of the whole case file, find the certificate service (where whoever served you swears you were served and how you were served) and then most importantly see if that alleged service would be improper under the cirmustances. Not saying you were not properly served, not saying that at all, but you would be surprised at what can pass legally as proper service. The main thing you have to do which is hard for a lot of people is, you have to only focus on why the judgment should be vacated legally, not the merits of the other sides case against you.
Guest usctrojanalum Posted April 11, 2012 Report Posted April 11, 2012 You will need an attorney in NY.Also to get a judgment vacated you need to bring forth a reasonable excuse for a default and a meritorious defense.
Coltfan1972 Posted April 11, 2012 Report Posted April 11, 2012 You will need an attorney in NY.Need? No.Realistically? Pretty much yes, most likely, in this case.
ceelovejay Posted April 11, 2012 Author Report Posted April 11, 2012 Thanks for your responses. I have tried combing through the rules of procedure for the court but started going cross-eyed. I will look through it again tomorrow when I'm fresh. I work in a law firm so I'm pretty familiar with the terminology and the general civil litigation process. I'm just lost on the SOL as far as filing the MTV for the judgment in 2008.I'll be home in a couple of weeks and plan on pulling both case files. Merrick has an income execution but only for income earned in the City of New York, thankfully. I suppose I have to file to have that vacated as well, even though I don't earn income in the city.Why the recommendation to find an attorney, USC?
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