Business Debt, Collections Judgment

M

mccrea82

Guest
Jurisdiction
New York
I have a judgment that I was notified about in the later part of 2016 that there was a judgment filed 1/26/2007. They have sent papers to my place of employment on 2/1/17 for garnishment is this legal for this to be done. I was never notified until 2016 that there was one placed in 2007
 
I have a judgment that I was notified about in the later part of 2016 that there was a judgment filed 1/26/2007. They have sent papers to my place of employment on 2/1/17 for garnishment is this legal for this to be done. I was never notified until 2016 that there was one placed in 2007

A judgment in NY can live for 20 years.
The 1st link is by a NY licensed attorney.
It'll be helpful f you read it.

Read these links:


How Long Do Judgments Last in New York State?


Judgments | NY CourtHelp
 
Let's start with the premise that wage garnishment as a result of a judgment is legal and, in NY, a judgment is enforceable for 20 years from the date of the judgment. So the garnishment is certainly timely.

See NY Civil Practice Law and Rules Section 211 (b) at:

2016 New York Laws :: CVP - Civil Practice Law & Rules :: Article 2 - (Civil Practice Law & Rules) LIMITATIONS OF TIME :: 211 - Actions to be commenced within twenty years.

That you did not know about the judgment until 2016 might give you grounds to seek to vacate judgment as suggested in the following link which is part of the link that Army Judge provided:

Vacating a Default Judgment | NY CourtHelp

However, I suggest you read the actual statute that addresses Relief From Judgment:

2016 New York Laws :: CVP - Civil Practice Law & Rules :: Article 50 - (Civil Practice Law & Rules) JUDGMENTS GENERALLY :: R5015 - Relief from judgment or order.

Then go to the court and get copies of your case file so you can determine how the lawsuit was served and whether it was done properly.
 
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