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judgement

Discussion in 'Civil Court, Procedure & Litigation' started by 1raysusan, Feb 7, 2006.

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  1. 1raysusan

    1raysusan Law Topic Starter New Member

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    I have a judgement that was put on me, and at the time I was not living at this address, I was incarcerated at the time of this judgement being placed on me, how do I settle this with out having to pay it.
     
  2. Malibu_Barbie

    Malibu_Barbie New Member

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    Ouch, that's a loaded question, which creates more questions (from us). Let's start with:

    1) How did you find out the Judgment had been entered against you (including the date you became aware)?

    2) Did you know that a Complaint had been filed against you prior to the Judgment being entered. If so, how was the Complaint delivered to you, and what date did you receive it?
     
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    ROFL... That's funny Barbie. I think the most important issue of them all is why you don't think you have to pay the judgment. The code section for bringing an "order to show cause" to "vacate" a judgment is set forth below for New York. Typically you need to use section (a)(1) which requires a reasonable excuse for not having received the summons. Something in my memory is jogged that says you also need to show how it would have changed the outcome of the case, e.g. it isn't an open and shut contract case where you breached and are simply trying to waste time by reopening a case which the outcome wouldn't be changed. Perhaps that is the standard for "excusable default" which is good reason why service wasn't properly made and that there is an good faith issue to be litigated.

    New York CPLR Rule 5015. Relief from judgment or order.

    (a) On motion. The court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person with such
    notice as the court may direct, upon the ground of:

    1. excusable default, if such motion is made within one year after
    service of a copy of the judgment or order with written notice of its
    entry upon the moving party, or, if the moving party has entered the
    judgment or order, within one year after such entry; or
    2. newly-discovered evidence which, if introduced at the trial, would
    probably have produced a different result and which could not have been
    discovered in time to move for a new trial under section 4404; or
    3. fraud, misrepresentation, or other misconduct of an adverse party;
    or
    4. lack of jurisdiction to render the judgment or order; or
    5. reversal, modification or vacatur of a prior judgment or order upon
    which it is based.
     
  4. Malibu_Barbie

    Malibu_Barbie New Member

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    LOL, was it really that funny? :D Actually, I was trying to find out whether service of process was legally perfected, and whether there was an issue re: jurisdiction. I didn't know in which State he resided ... was it NY? There's no indication as to his residency in his post or profile. Perhaps you know his residency from previous posts.

    I didn't want to confuse or scare him (or anyone else reading this post) with a bunch of legal terminology, and I never assume that anyone is legally educated to any extent ... therefore I was waiting to explain that "legal terminology" in laymen's terms after he responded to the questions in my initial post. ;) Please remember that when people post here, you never know the extent of their comprehensibility of legal terminology, so I try to keep it simple in order for them (and others reading the post) to understand and not feel intimidated, scared, or afraid to ask additional questions. :)
     

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