SomeGuyInNY

2008 Default Judgment NY

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I was sued by Cohen and Slamowitz (now Selip and Stylianou) in 2008 for credit account with Discover. They won by default because I was unaware that they sued me. They delivered summons (nail and mail) to my old address (I had moved a few months before). I never received the summons. 

Fast forward to today. Judgement no longer shows on CR (believe it dropped off around '15). Credit score now 750+. They never garnished wages, or froze bank account. 

Wife holds mortgage in her name, but now we're looking to build, and her credit score and DTI is just shy of what we need to do to make our construction loan a reality. 

Bottom line, I need to be on mortgage application. I know the real property lien is only viable for 10 years in NY. Problem is under declaration on mortgage app, I'm required to answer if I have any outstanding judgements. 

Original debt was about $2.7k.  Judgment was around $3k (I went to courthouse and had all the info printed out, about 6 pages total). I think with interest (9% in NY I think) after 12 years it's around $6.5k.

My question is what is the best course of action in my case. Should I file to vacate or hire an attorney to do so on my behalf? Or would that just be poking the hornet's nest. Do I call and negotiate payment? Looking for advice. 

 

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56 minutes ago, BackFromTheDebt said:

A judgment lasts 20 years in NY.  
 

If your name is on a mortgage application, very likely they will suddenly appear and want every penny. 
 

It would probably be a good idea to consult a consumer attorney.  

Understood. I'm trying to exhaust any options beforehand if possible. What about trying to get it vacated for bad service? Good or bad idea? What effect does that have on the original credit file? Would it come back on CR? 

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1 minute ago, SomeGuyInNY said:

Understood. I'm trying to exhaust any options beforehand if possible. What about trying to get it vacated for bad service? Good or bad idea? What effect does that have on the original credit file? Would it come back on CR? 

The courts more likely than not vacate a judgement that is 12 years old, regardless of whether any action has been performed on it or not. More likely, it will make them realize that you know about the judgement now and think that you want something and demand the full amount. You should at least consult with a consumer attorney first to find out what your options are and then go from there.

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11 minutes ago, WhoCares1000 said:

The courts more likely than not vacate a judgement that is 12 years old, regardless of whether any action has been performed on it or not. More likely, it will make them realize that you know about the judgement now and think that you want something and demand the full amount. You should at least consult with a consumer attorney first to find out what your options are and then go from there.

Okay. Thanks. 

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