Legal Question in Credit and Debt Law in New York

Judgment entered against me wrongfully?

A judgment was entered against me even thought we started a payment arrangement with the credit cards attorney, is that legal? I don't even remember receiving notice for a court appearance. What are the procedures in which you are supposed to be served?


Asked on 6/21/08, 5:35 pm

1 Answer from Attorneys

Re: Judgment entered against me wrongfully?

This sounds like you entered into a "stipulation of settlment and/or forbearance agreement" with the credit card's attorney. I assume that a lawsuit was already initiated against you, and you made an appearance in Court before a judgment was obtained against you. In such a situation, there is language in the stipulation whereupon you must pay according to the schedule. If you miss payments, you then get a 'cure' letter and if you don't cure, then plaintiff/credit card is allowed to enter judgment against you with the Court's clerk (no court appearance necessary).

If the credit card's attorney 'jumped the gun' in entering judgment, or you really didn't miss a payment, then go down to the Courthouse and try an Order to Show Cause to vacate the entry of judgment. There is nothing like a mano a mano talk with the credit card attorney, the judge and you to get matters to start going your way.

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Answered on 6/22/08, 3:32 pm


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