I have 2 judgements against me (credit card) I was never served any paperwork for these judgements until I wanted to refinance my house. I now am in a situation where I have to sell and want to know since I am disabled and receive compensation and social security am I responsible for the judgements
1 Answer from Attorneys
If there are judgments against you coming up on the title report for your house, unless it is a different person with the same exact name, it sounds like there were default judgments entered against you. You should get the info. from the title reports and go to the relevant courts (or follow up with them by mail or online if accessible online) to get copies of the relevant court files.
If there are default judgments entered against you, you may be able to vacate the judgments. There are time limits to do this and various requirements..
Please see the prior posting on our Blog (newyorkbankruptcylawyerblog.com) on the topic of dealing with a default judgment. The posts are:
Help A Collector Has Frozen My Bank Account in New York, Queens, Bronx, Brooklyn! http://www.newyorkbankruptcylawyerblog.com/2008/10/help_a_collector_has_frozen_my.html
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What Can I Do If a Default Judgment Has Been Entered Against Me in New York? http://www.newyorkbankruptcylawyerblog.com/2008/10/what_can_i_do_if_a_default_jud_1.html
Alternatively, you may be able to file for a personal bankruptcy and wipe out the judgments and avoid any judgment liens that impair your homestead exemption.
Which alternative makes the most sense in your situation (i.e., seek to vacate judgment in NY State court system or file for personal bankruptcy) is very dependent on the facts of your situation, both as to the judgment and as to your home. You should consult with an attorney experienced in these topics who practices in the state and bankruptcy courts where you are located.
The foregoing is intended as general information of interest to readers of this website and is not intended as legal advice for your situation. You should consult with an attorney.