Judgement Jurisdiction??

[2wheelgnnr]

Jurisdiction

New York

My wife has some default judgements and we do want to clear up before we sell the house but here are some concerns questions regarding.

We live in a different county that the judgements were filed in. Quick note our mails and address come from a nearby post office that is not in our county. If you were to look up our address it refers to a neighboring county than we actually reside. Those judgements are filed in the wrong county. can a default judgement be vacated based on that. Also they say they have a lein on our property but my county does not show any leins except for the mtg against my property so can they really have a lein on my property not allowing me to sell without satisfying them with the info in the wrong county. We are trying to settle and working on a negotiating strategy as do plan to sell in a couple years but trying to see what leverage if any we have for this and to get them to settle. they say no cuz when you sell we will take the money from your closing proceeds to satisy the lein and the judgement. SO they dont want to settle for anything but in FULL and the Interest and fees have turn a 400 credit card in like 3000. Confused in NY.

 

[adjusterjack]

Those judgements are filed in the wrong county. can a default judgement be vacated based on that.

No.

Also they say they have a lein on our property but my county does not show any leins except for the mtg against my property so can they really have a lein on my property not allowing me to sell without satisfying them with the info in the wrong county.

Judgment liens should be recorded in the county in which the property is located. However, I don't find anything specific to that in the statutes:

New York Civil Practice Law and Rules Law Article 52 (2021) - Enforcement of Money Judgments :: 2021 New York Laws :: US Codes and Statutes :: US Law :: Justia

We are trying to settle and working on a negotiating strategy as do plan to sell in a couple years but trying to see what leverage if any we have for this and to get them to settle. they say no cuz when you sell we will take the money from your closing proceeds to satisy the lein and the judgement.

My guess is that a buyer's lender or title company will do a statewide search for encumbrances and unearth the lien from the other county. I don't think the lien will be any less enforceable at that point regardless of what county it's in. That it's in the state should be enough to cloud the title for a potential buyer.

You don't have much leverage if you want a payment plan and the creditor is willing to wait while the debt gets bigger. About the only thing you might have going for you is if you have a large amount of cash that you can offer with a possible discount on the total. If the debt is $3000, offer $2000 as full and final, maybe $2500 if you have to. Make sure you get it in writing with a satisfaction of judgment paper handed to you when you hand over the money.

At credit card default interest rates (close to 30%) that debt could grown to $10,000 in a few years.

The good news is, with house prices the way they are now, you'll probably make enough on the sale to pay off all your debts.

 

[zddoodah]

My wife has some default judgements

How many judgments, when were they entered, and for how much $$?

We live in a different county that the judgements were filed in. . . . Those judgements are filed in the wrong county.

Why do you equate a different county than where you live with "the wrong county"? When your wife was served with the summonses and complaints, why didn't your wife file a responsive pleading and seek to have venue changed?

can a default judgement be vacated based on that.

No.

Also they say they have a lein on our property but my county does not show any leins except for the mtg against my property so can they really have a lein on my property not allowing me to sell without satisfying them with the info in the wrong county.

I'm not entirely sure what you're asking here, but it's possible that the judgment creditors recorded the judgments in the county where the lawsuits were filed (where you have a mailing address) and not in the county where you actually live.

We are trying to settle and working on a negotiating strategy as do plan to sell in a couple years but trying to see what leverage if any we have for this and to get them to settle. they say no cuz when you sell we will take the money from your closing proceeds to satisy the lein and the judgement.

You might want to invest in a preliminary title report to determine if the creditors actually have liens against your property. If not, your "leverage" is to wait until you sell, which will leave the creditors to pursue only ordinary judgment collection remedies.

 

[Dr Isaiah JD Law Student]

My wife has some default judgements and we do want to clear up before we sell the house but here are some concerns questions regarding.

We live in a different county that the judgements were filed in. Quick note our mails and address come from a nearby post office that is not in our county. If you were to look up our address it refers to a neighboring county than we actually reside. Those judgements are filed in the wrong county. can a default judgement be vacated based on that. Also they say they have a lein on our property but my county does not show any leins except for the mtg against my property so can they really have a lein on my property not allowing me to sell without satisfying them with the info in the wrong county. We are trying to settle and working on a negotiating strategy as do plan to sell in a couple years but trying to see what leverage if any we have for this and to get them to settle. they say no cuz when you sell we will take the money from your closing proceeds to satisy the lein and the judgement. SO they dont want to settle for anything but in FULL and the Interest and fees have turn a 400 credit card in like 3000. Confused in NY.

Hire a good lawyer and pay them to solve your problems. Or contact the county clerk in both counties and see if they can help you resolve this conflict and a simple misunderstanding.

 

[adjusterjack]

Hire a good lawyer and pay them to solve your problems. Or contact the county clerk in both counties and see if they can help you resolve this conflict and a simple misunderstanding.

Let's see what Professor Kingsfield has to say about that.

A Dime for a Phone Call, Scene 30 - YouTube

 

[Zigner]

If your home has enough equity, then the proceeds from the sale may be able to be assigned to satisfy the judgments through escrow.