Legal Question in Credit and Debt Law in New York

I recently had a default judgement against me in NYC civil court vacated due to the fact I was never served any summons or income execution papers( lawyer sent it to a previous address of mine). I'm being sued by a school I previously attended which claim I owe them money for tutition. The lawyers representing the school told me they sent the summons to a previous address of mine that the school had on file. However, I have mail from the school showing the current address I was at while attending the school. Two questions I want to ask, should I bring this mail to court as proof to show that the lawyers or the school had knowledge that I lived someone else and still sent the summons to an old address and the other question is what are the chances that the judge will throw out the case due to improper procedure of serving a summons.

Asked on 10/30/12, 5:31 pm

1 Answer from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

The court won't care about your new or old address. If you have a defense to the action The court will probably vacate the judgment and allow you to file an answer to the complaint for tuition owed. You should probably settle rather than proceed with the case IF you owe the money.

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Answered on 10/30/12, 6:10 pm

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