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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I owed a restaurant in Hesperia Ca back in 2008..We leased

Customer Question

I owed a restaurant in Hesperia Ca back in 2008..We leased the credit card machines from a company..I unfortunately only leased the building and it was ran into and red tagged..The owner would not repair until insurance money would cover it which led to several months. I unfortunately had to close the business and returned the equipment.. They visited the building and saw we were out of business. Unfortunately I had insurance but not this particular rider needed to cover a third party wrecking the building which I only leased (putting me out of business) Anyhow apparently they are a company out of New York and now a judgement and tax lien out of New York Manhattan appears on my credit report..first of all I never received any paper to my knowledge regarding this and furthermore how would they expect me to appear in court in New York when I live in California?? Is this legal? Also their is no date of when this happened, however I do remember getting a voicemail about a couple months ago about if they didn't hear from me they would be going to court. I never responded because I had returned the equipment and explained the situation years ago..can you please advise?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I am going to make some assumptions here which may or may not be accurate. If incorrect, please respond to clarify and I will likely amend my responses.

As far as filing suit, in general that has to take place either where the defendant resides OR where the injury (cause of action) took place. Filing against you in New York is possible in two circumstances, either if the contract stated that New York was a 'choice of law' for litigation, or if they misled the courts as to your location. In any case you would have a basis to appeal the decision and file a motion to 'set aside' on basis of lack of notice, as you are entitled to be served and to appear in court. A phone call is not enough, you have to served legal documentation to appear. Therefore the first step is to trace which court house issued the judgment, then contact the clerk or a local attorney to create an appeal that you would be able to file to set this judgment aside.

Sincerely,

Dimitry, Esq.

Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

Due to the lateness of the hour I will be logging off to get some rest. Should you have more posts, there will likely be a delay with my response, but I promise to reply when I log back in. Otherwise, if satisfied with my answers, kindly do not forget to positively rate so that I can obtain credit for my work, thank you!

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
It has been several years so I am not sure what the contract may have said, however I did not receive any other paperwork or notification that I am aware of..But wouldn't they have to in court at least proof they had served me to win a judgement and wouldn't the judge see I reside out of state?
Customer: replied 1 year ago.
Oops prove..
Customer: replied 1 year ago.
thank you so much. I look forward to your reply.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hello,

If you weren't in court you have no idea what they provided. Perhaps they provided incorrect documentation stating that you agreed to the filing, got served, and failed to appear. That is why obtaining the documentation is critical because that will show what was stated and where the errors may be. As far as 'proving' terms, if you aren't there, they may have won by default which is what I suspect took place, but again, it can be challenged once you obtain the documentation from the court and see what was filed (and what wasn't) as that would give you an idea of what to fight.

Hope that helps, and now I really do have to log off (sorry about that, but I will return again). Glad to help!

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Hi the contract unfortunately did state that I agreed to allow legal matters to take place in NY. However can they sue me 7 years later? Thanks again..
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

In New York State the statute of limitations on debt is 6 years from the date of last activity, be it a last charge, last payment, and so forth. So if they filed within those 6 years, they are within the statutory period. You would still have a basis to challenge over lack of proper service and notice, but if they filed within 6 years, claiming that they filed too late is not a valid defense.

Sincerely,

Dimitry, Esq.