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.

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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Answered on 4/22/13, 7:39 am


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