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legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13441
Experience:  Attorney-Business degree from The University of Texas
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I have a judgment against me in New York State, but was never

Resolved Question:

I have a judgment against me in New York State, but was never served or notified of any legal proceedings. The only way I knew that anything had occurred was when my bank account was attached.   I had already moved to California by then. What can I do to get this taken care of? Can I get it vacated?
Submitted: 5 years ago.
Category: Legal
Expert:  legaleagle replied 5 years ago.
You can file a motion to vacate the original order by showing that you never recieved proper notice for the plantiff to win a default judgment. That means filing the motion in NY with the court that issued the judgment.
Customer: replied 5 years ago.
How do I demonstrate that I never received notification? Is there a form that I fill out and file? Can I get the documents they filed? I am a little unclear of the process. I would gladly fly back there to file the necessary petitions.
Expert:  legaleagle replied 5 years ago.
You just file your sworn statement that you did not recieve proper notice, it is the burden of the other party to show with written evidence that they did serve you properly. There is no form, you just title the motion "Motion to Vacate", but you can call the court that issued the order and ask if they have a form that they prefer you to use. You can call and also request from the clerk of the court copies of any and all documetns related to the case number XXXXX question. You file this by mail or fax, you do not have to go in person unless a hearing date is det on your motion.
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13441
Experience: Attorney-Business degree from The University of Texas
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