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KJL LAW
KJL LAW, Lawyer
Category: Legal
Satisfied Customers: 736
Experience:  Attorney at law Office of KJLLAW
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I have had two judgements filed against me and my business

Customer Question

hello. I have had two judgements filed against me and my business in NY. I did however sign COJ's. I am looking for help to get these vacated or how I can go about getting these removed off my personal credit. I had an attorney in NY state that said "I can provide immediate legal assistance. The interest rate you were charged was 98%. I will be glad to prepare and file a motion in Court to vacate the judgment that was filed against you. The judgment was filed in Westchester County which will not stay proceedings on the judgment until the motion is decided. Therefore, I will prepare everything for you immediately.
Submitted: 3 months ago.
Category: Legal
Customer: replied 3 months ago.
One was filed 3/18/16 and the other 5/23/16. Obviously I never received a notice of this happening because of the COJ entered, but they have froze my accounts a few times. One has froze my account on 8/4/16 and has not taken the funds yet. They are still on hold, but they have froze more than what is owed. The second one froze my account about two months ago. We made an agreement to pay some and release the rest. I made additional payments during this time but last week re submitted a judgement and has used the same judgement with the old amount due when I have paid about $40,000 on that total. Can they do this? I need these off my personal credit report. I really need some help. I have got so many different answers and some lawyers just wanting huge amounts for something I do not know can actually be done.
Customer: replied 3 months ago.
I am in KY. Below is the info53834/2016
03/18/2016 Partial Participation Recorded
Pre-RJI TVT Capital, LLC - v. - LMR CONSTRUCTION LLC et al Westchester County Supreme Court
Commercial - Contract File Documents57556/2016
05/23/2016 Partial Participation Recorded
Pre-RJI Global Merchant Cash, Inc. - v. - LMR Construction LLC et al Westchester County Supreme Court
Commercial - Contract
Expert:  KJL LAW replied 3 months ago.

Good morning. I review the case info. In cases like this the courts in Westchester will allow you to make a motion, by an order to Show cause (OSC) to vacate the judgment, but will not put a stay on the judgment enforcement until the motion is fully decided and set down or a hearing date by the judge, which usually takes several weeks.

The way it works in NYS is that if there is a default and a judgment, then an order to how cause will be submitted to ask the court to set the matter down for a full hearing on the merits of the case. However, the lawyer must first file the OSC motion first, and then if the judge agrees that there is sufficient reasons to vacate and set aside the default, he will sign the OSC and then set the case down for a hearing on another date, where you then argue service and merits of he case, ie. interest rate, excessive fees, contract breach by the plaintiff, etc. The

So the attorney is correct, and in NYS they can keep resubmitting the order to a bank/etc. if the judgment remains unpaid in full. Its a quirk in NYS law. The only way around this is to vacate the default judgment by OSC, but again in theses cases it is up to the judge to decide if he/she will vacate, the cases are not consistent, which is why no lawyer should guarantee an outcome or result.

I hope this helps.

Expert:  KJL LAW replied 3 months ago.

Any other questions, just ask. If not please rate the question for credit and tracking, or I will not get paid for helping you.

Expert:  KJL LAW replied 3 months ago.

Any other questions, just ask. If not please rate the question for credit and tracking, or I will not get paid for helping you.

Customer: replied 3 months ago.
Sorry for the late response. My question is when they submitted the judgment to the bank to have the account frozen originally it was for one amount. We had a payment agreement which they got 18,000 at that time and release the rest of the funds. Then I paid them $21,000 in payments after that so I paid them $39,000 after the judgment was sent to the bank to freeze. They resubmitted the same judgment amount to the bank the second time freeze in the account. Is this correct for them to do.
Expert:  KJL LAW replied 3 months ago.

It is only correct for them to re-submit if the total judgment amount was not satisfied by the prior freeze. Then they can re-submit and freeze the account. The account under law is frozen for the total amount again, but they can only take the amounts equal to the judgment.

Expert:  KJL LAW replied 3 months ago.

Any other questions, just ask. If not please rate the question for credit and tracking, or I will not get paid for helping you.

Expert:  KJL LAW replied 3 months ago.

Any other questions, just ask. If not please rate the question for credit and tracking, or I will not get paid for helping you. You will not be charged any additional fee for the rating of my work.

Expert:  KJL LAW replied 3 months ago.

Any other questions, just ask. If not please rate the question for credit and tracking, or I will not get paid for helping you. You will not be charged any additional fee for the rating of my work.