New York  |  Credit and Debt Law

Legal Question

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

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?

1 Answer

Answered on: 4/22/13, 7:39 am by Rory Alarcon

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.

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Rory Alarcon, Esq. PO Box 1359 Hauppauge, NY 11778

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