what is the procedure to open a 9 yr old judgement

[keap]

Jurisdiction

New York

hi, my better half was just made aware of an old 2009 judgement and our joint bank account was levied and funds withdrawn. he states he was never served and there was no mail to my home regarding this judgement, no messages on voice mail etc. what is the process to have the judgement opened as I'm under the impression that is the only way to fix this. Also, the funds in the account were from a government grant for repairs on our home. The grant can be recalled if not used for that specific purpose.

 

[hrforme]

What was the judgement for?

 

[zddoodah]

my better half was just made aware of an old 2009 judgement

I assume "better half" means husband, right? Were you married in 2009 when the judgment was entered?

he states he was never served

What he really means is that he never received actual notice regarding the lawsuit. It is possible for valid service not to result in actual notice to the defendant.

there was no mail to my home regarding this judgement, no messages on voice mail etc.

Why would you expect mail to have been sent to your home or voice mail messages?

what is the process to have the judgement opened as I'm under the impression that is the only way to fix this.

Your husband will need to make a motion to vacate the judgment. Whether it is still possible to do that after all this time is something only a New York attorney will be able to tell him.

 

[adjusterjack]

what is the process to have the judgement opened

His first step is to go to the courthouse where the judgment is and get a complete copy of the case file, every scrap of paper in it. Bring it home and look for the affidavit of service. See what it says. There are ways that he could have been properly served without knowing it but it's also possible that the plaintiff or his process server lied.

He goes nowhere without that file. As soon as he gets it, come back to this thread and discuss.

Meantime, study the grounds for which relief from judgment may be obtained:

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

the funds in the account were from a government grant for repairs on our home.

Doesn't matter. It's just money. Better stop keeping your money in banks until you get this resolved. Now that the creditor had a successful hit, they'll be back and do it again if what they got didn't cover the balance.

 

[army judge]

Certain government funds can't be levied against.

You need to find out if the funds of which you speak are protected.

You ask the agency who issued you the grant.

If those were protected funds, the agency can direct you further.

If the funds weren't protected, it's a dead end, forget it.