Getting Rid Of Judgments
There are a number of reasons why someone may want to have a judgment resolved. For example, perhaps you want to clear up your credit to obtain a loan. Or maybe you want to stop a creditor from garnishing your wages, freezing your bank account or taking your home. Perhaps you didn’t even know that a lawsuit was filed against you and you want the opportunity to learn more about the debt and whether you legitimately owe it. Whatever the reason, we can help obtain the result you want.
At Graham & Borgese, we can work quickly on your behalf to obtain an exceptional settlement of your judgment (whether through a one-time payment (i.e. lump sum) or through a payment plan). However, there are some circumstances by which we could challenge the Judgment that was entered against you (i.e. seek to have it undone or “vacated”).
Grounds To Vacate A Judgment: New York only allows you to challenge a judgment under certain circumstances (this is called an Order to Show Cause in New York). The most common argument raised for challenging a judgment is that the defendant was never served with a Summons and Complaint. In those scenarios, someone only learns of a Judgment’s existence once the creditor tries to enforce it against them (i.e. garnish wages or freeze bank accounts). If this is the only reason you know about the judgment, and can prove this, it would provide a legitimate basis for filing a motion with the Court to have the Judgment vacated.
To prove that you were not served, you can first start by contacting the Court where the judgment was entered to ask for a copy of the Affidavit of Service for your case. This is the document filled out by the process server and should provide details regarding the date, time, location and the physical description of the person who was allegedly served. If the information provided is inaccurate, you may have the proof you need to win a motion. If you obtain a copy of this document and want help reviewing the information provided, please don’t hesitate to reach out to our attorneys for a free analysis.
Whether you have obtained the Affidavit of Service already or simply wish to speak with one of our attorneys regarding your judgment, contact our law firm today and we will review your file and recommend the best course of action for you.