Legal Question in Credit and Debt Law in New York

Re: Negative Credit

This is called a default judgment. Meaning that there was a law suit commenced agaist you and since you did not answer, your creditor obtained a default judgment against you. Your next step is to file a motion to vacate the judgment. You might want to seek professional help for this.

Re: Negative Credit

Go to the clerk's office at the Rochester City Court. Tell the clerk that you want to file an Order to Show Cause to vacate the default judgment. Ask the clerk if he or she can provide a form for the motion.

Mike.

Re: Negative Credit

The law favors resolution of disputes on the merits (courts don't like default judgments). However, if the paperwork from the law firm is in order and you don't respond, the court will enter a default judgment. You can file a motion (written request) to have the judgment vacated (thrown out) if you meet the statutory requirements. First, go to court and look at your court file. You should find a summons and complaint (these are the documents filed by the lawyers that started the law suit). Make sure the allegations in the complaint refer to you and are true. If not, that will be one of your arguments in the motion. Next, examine the "affidavit of service". This is a sworn statement from a process server that he/she delivered the summons and complaint to you at some place (usually your residence) at some time. IT DOES NOT MEAN THEY HAVE TO HAND YOU THE SUMMONS AND COMPLAINT, the law allows various methods where you don't actually have to be served personally. BUT, if the address is wrong or the names mentioned in the affidavit seem strange and the descriptions don't fit, you can allege you were not served properly. The only other pieces of paper in the file should be a sworn statement from the plaintiff that you owe the money and some technical stuff about you not being in the military. If you were not served, file an ORDER TO SHOW CAUSE which is a written request to the court for an Order that forces the plaintiff to demonstrate why the judgment should NOT be vacated...the burden is on THEM...GO NOW!