New York  |  Credit and Debt Law

Legal Question

Asked on: 4/28/10, 3:40 pm

if i had a judgment rendered against me in 2004 and had it satisfied when they got the order to take it out of my account, can i do anything about it now since 1 i was never served and 2 i was active duty at the time?

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Answered on: 5/03/10, 6:08 pm by Debra Palazzo

Yes. If you were not served then the court had no jurisdiction (authority) to grant a judgment

against you.

You need to file an Order to Show Cause in the same court to vacate the Judgment and get your money back.


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Law Offices of Debra Palazzo, LLC 317 Elwood Ave. Hawthorne, NY 10532

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Answered on: 5/04/10, 5:38 am by Michael Markowitz

I disagree. Once a satisfaction of judgment is filed, there is no action to vacate. In other words, you cannot vacate a judgment that does not exist.

Mike.


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Michael A. Markowitz, PC 1553 Broadway Hewlett, NY 11557

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