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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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A default judgement was entered ( NY Supreme Court , County

Customer Question

A default judgement was entered ( NY Supreme Court , County of Erie ) on April 9, 2009 ; I am led to believe that the creditor is now out of business , what can be done to have the judgement vacated.

Thank You
Submitted: 1 year ago.
Category: Legal
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

How much was the judgment for?

Did the company go bankrupt? Or was it sold? Do you know what happened to the company?

Thanks
Customer: replied 1 year ago.

The total amount of the judgement including fees = $39,558.12


 


The creditors attorney is not getting back to our office with a settlement arrangement and as such I decided to call the creditor directly ; all of the phone #'s are not longer in service .



 

Expert:  xavierjd replied 1 year ago.
Hi,

Thanks for the information.

How old is the judgment? Who do you make the payments to?

Thanks
Customer: replied 1 year ago.

The Judgement was entered April 09, 2009 .


 


We have not made any payments on this judgement. I am seeking to see if the judgement can be vacated in the event the creditor is out of business.

Expert:  xavierjd replied 1 year ago.
Hi Floyd,

Thanks for the further information.

One last question. Was the judgment for a consumer debt?

Thanks
Customer: replied 1 year ago.

The judgement was made against my company .

Expert:  xavierjd replied 1 year ago.
Hi Floyd,

Yes. It is possible to vacate a default judgment. Below is a link that provides information regarding the criteria for vacating a default judgment, a link to the necessary paperwork and information regarding those in the court that can help you fill out the form for vacating a default judgment.

http://www.nedap.org/hotline/vacating.html


I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
Customer: replied 1 year ago.

Maybe I should be more clear ; It is my understanding that you have usually up to a year to make a valid motion to vacate a default judgement. My judgement is almost 4 years old and as such too much time has elapsed. My question is now that the creditor is "out of business' , does this development create a "unique" situation whereby the judgement can be vacated ?

Expert:  xavierjd replied 1 year ago.
Hi Floyd,

I'm not sure if you are asking about "vacating a judgment" or if you are asking if you will still have to pay the judgment because the company is out of business. What are you looking to do?

Thanks
Customer: replied 1 year ago.

Vacating a judgement that is over 4 years old as a result of the creditor now being "out of business".

Expert:  xavierjd replied 1 year ago.
Hi Floyd,

Below is a link to the Civil Court Rule for obtaining relief from a judgment.

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$CVP5015$@TXCVP0R5015+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=09252764+&TARGET=VIEW


If you are seeking to vacate the judgment simply because the company is out of business, your motion to do so will most likely fail. As the court rule indicates, a motion to vacate must be made within 1 year, unless you claim that you did not receive the lawsuit by proper service. Then, you may file a motion to vacate, but may not do so more than 5 years from the entry of the judgment. The court will then decide whether or not to grant your motion.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 7 other Legal Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Floyd,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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