Re: nyc judgment

Posted by Why Chat (209.240.205.61) on February 07, 2004 at 15:01:28:

In Reply to: nyc judgment posted by filed to vacate on February 07, 2004 at 12:55:09:

You will probably need to prove WHEN you discovered the judgment existed, (I think you have 1 year after discovery to file to vacate), also you need to show proof that IF you had been properly served at the time, that you had a valid affirmative defense, so that you were deprived of due proccess.

If the claim was filed more than 6 years after your last payment to the original creditor, you would have had a SOL defense. Or, if there are other questions about the validity of the account that you could have raised.

You MIGHT find that you can get the judgment vacated,but it COULD be refiled and properly served against you again, unless you can also get the claim dismissed with prejuidice.

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