Legal Question in Credit and Debt Law in New York

I received a Credit Card judgment against me and challenged the service and the merits of the case. The plaintiffs attorney sent a CONSENT to Vacate Judgment but in the body of the affidavit reads that the plaintiff position is that the service was proper and they will vacate judgment on the merits. Statute of limitations is up. They are requesting an answer to their "Consent to Vacate,' what do I do???How do I challenge service to get them to restart the process???

Asked on 5/16/11, 11:18 am

1 Answer from Attorneys

Marshall Isaacs Marshall R. Isaacs, Attorney At Law

You must be leaving something out because your question doesn't make sense. What do you mean you "challenged service on the merits"? Did you have a traverse hearing where the Court determined service was improper? Or did you just tell the Plaintiff's counsel that you think service was improper? Credit card companies don't vacate judgments without good reason. Again, how did you get them to agree to vacate?. Lastly, you don't provide any dates so how do you know the statute of limitations has run? Mind you, there are ways to revive a case beyond the statute of limitations.

Again, I believe you misunderstand the situation you are in or aren't explaining properly. I'd suggest that you call an attorney to discuss your situation or, at a minimum, try to clarify your LawGuru question.

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Answered on 5/18/11, 12:52 am

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