Legal Question in Credit and Debt Law in New York

I received a letter regarding a judgement against me from 2008,,not sure of the source, and I could not get proof from a third party collection agency Can this be challenged? There is something wrong when you can't get any help in NY with such a situation. Sheriffs office want to garnish my wages

Asked on 5/07/16, 10:33 am

1 Answer from Attorneys

Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Yes, a judgment can be challenged on a number of grounds.

Oddly enough, sometimes having a judgment is better than having an outstanding invoice. A default judgment often indicates that the judgment debtor (i.e. you) didn't challenge the underlying lawsuit because he or she couldn't afford an attorney.

In addition, judgment creditors will usually require an attorney to collect because judgment enforcement is complex and often tricky. It is also very easy for the judgment debtor to hide money without being punished. That being the case, judgment creditors will often settle for pennies on the dollar.

Let's say the judgment is for $7,500.00. If the judgment creditor knows that the judgment debtor is unemployed, lives in a poor neighborhood and already has several other judgments on his or her record, the judgment creditor might be perfectly willing to accept two or three thousand dollars in satisfaction of the debt.

Hope this helped!

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Answered on 5/07/16, 11:30 am

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