Debt Defense Attorney in New York City
Money/Default Judgments in New York City
A default judgment (also called a "money judgment") is a legal declaration that you owe the amount claimed due to your failure to respond to a summons and complaint. A default judgment has the same legal effect as a judgment after losing your case at trial. It entitles your creditor to enforce it by means seizing your bank accounts, garnishing your wages, and placing a lien on your home. You must do everything possible to avoid a default judgment.
But too many of my clients are never properly notified of the lawsuit and suffer a default judgment. A legal aid study showed that over 70% of collection lawsuits involved improper delivery of the summons and complaint. The data collected in our own cases shows an even higher rate of bad service. The root of the problem are unscrupulous process servers, hired by law firms, who fail to properly deliver the papers then lie in a sworn legal document ("affidavit of service"). The good news is that the courts are lenient in overturning judgments premised on bad service. But you need to make a good showing that you were not properly served within a certain period of time,
Process server misconduct is a form of Debt collection abuse and this firm sues process servers for injury caused by their falsified affidavits. Bad service leads to default judgments, which hurt your credit and permit your creditor to seize your money.
Speak with a New York City debt defense attorney to discuss the quickest way to attack the default judgment against you. Action needs to be taken quickly and decisively.
Debt Collection Defense Lawyer in New York
If you have any indication that a judgment has been entered against you, contact us immediately. You need to claim exemptions, if applicable, and you need to re-open the case before it's too late. You will know if a default judgment has been entered against you because of the following:
- You received a notice of garnishment or execution by a marshal or sheriff
- You discovered a judgment on your credit report
- You received claim exemption forms from your bank
- You received a restraining notice from a lawyer or your bank
- You received a letter from any lawyer or creditor claiming it has a judgment
Time is of the essence if you think a judgment has been entered against you. Contact a New York debt defense attorney if you are facing a money judgment.