Re: NY Default Judgement Hits FL

Posted by Now What? (12.94.2.173) on May 06, 2003 at 23:57:20:

In Reply to: Re: NY Default Judgement Hits FL posted by WHY CHAT on May 06, 2003 at 18:04:04:

In 2000, North American Capital used an old mailing address to sue me in NY. I never received any notice , thus never responded and they got a default judgement against me.
I got a copy of an "exemplification of a record in Civil Court of the City of New York", signed by the Court Clerk and a Judge.
North American (a Maryland address) had a Florida lawyer (Bray & Singletary)also send me a "Judgment Creditor's Affidavit and Notice of Compliance with Chapter 55.5, FLA Statutes".
It seems that they recorded this at my County Courthouse and it is enforceable as a foreign judgment under the "Uniform Enforcement of Foreign Judgements Act".
In States that have adopted that Act, a foreign judgment may be registered by filing an exemplified copy with the appropriate office of the Court and notifying the debtor of the filing.
However, I recall reading that the Act is not uniform in all states and that NY will not allow the registration of a default judgment, in which case a new lawsuit must be filed to enforce it.
After reading the Florida Statute, it seems that I have 30 days to make a motion or whatever. I just have to find the New York Statutes to see what they say. -What kind of lawyer would handle this? Should I call one of those ubiquitous Bankruptcy lawyers? Even if North American does try to collect on this, I have nothing; no savings account and only take home $150 a week. My home is protected by Homestead. -What a headache! Thanks, Why Chat.

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