Legal Question in Credit and Debt Law in New York
Ruling against me without my day in court
I recently had my bank account frozen by a creditor as the result of
a judgement against me. However I was never informed that I was being sued I never went to the trial I never had a chance to defend myself. Is it legal for a judgement to come down against me without my knowledge of the case or me being subpoenaed to appear. How do I find out the particulars of the case what the charge was ,who the judge was, where the case was held etc. Is it possible to have the decision overturned or have a retrial because I was not properly informed or contacted of the case against me. I would really apreciate your help thank you.
1 Answer from Attorneys
Re: Ruling against me without my day in court
go to the court where the action is pending and ask to see the court file. It should contain all the papers filed by the judgment creditor. If you did not get notice of the proceeding you would have to file a motion to have the judgment vacated so that you can have your day in court. That would also release your bank (if you get the judgment vacated).
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