Legal Question in Credit and Debt Law in New York

A debt collector used a lawfirm to get a default judgement passed against me while I was out of the country. I proved that the process server falsfied the affidavit of service through the Department of Consumer Affairs. When I went back to court to have the judgement vacate, the judge stated that she may not change her previous ruling because I still have to prove that I don't own the account. Is the judge right to uphold her ruling even if I have proven I was never served? Additionally the defendant submitted a generic bill of sale which makes no direct reference to my name or the account they are collecting the money for. Isn't that enough to support my defense that I do not have a business relationship with this company?

Asked on 4/16/13, 10:52 am

1 Answer from Attorneys

Rory Alarcon Rory Alarcon, Esq.
0 users found helpful
0 attorneys agreed

Failure to properly serve papers is not enough to vacate a judgment, you must also prove that you have a meritorious defense to the charges. You most likely did not present enough evidence to prove that you were not the party to be billed.

Read more
4/22/13, 7:39 am

Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York

Looking for something else?

Get Free Legal Advice

88222 active attorneys ready to answer your legal questions today.

Credit, Debt and Collections Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Terry A. NelsonNelson & LawlessRiverside, San Bernardino, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now