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Roger
Roger, Attorney
Category: Business Law
Satisfied Customers: 31733
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can I re open a confession of judgment in New york state

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Can I re open a confession of judgment in New york state
Hi - my name is XXXXX XXXXX I'm a Business litigation attorney.

You have 1 year from the entry of the judgment to seek relief from it under NY Civil Procedure Law Section 5015: http://codes.lp.findlaw.com/nycode/CVP/50/5015

However, your right to set aside a judgment is limited to fraud, a mistake or some other excusable offense or newly discovered evidence.

If there is not any basis to seek the judgment to be set aside, the court will not lift the judgment.
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Customer: replied 4 years ago.

I have found that the amount was settled for $15,000.00 and it later states that after I pay $4,000.00 that i still owe $15,000.00 witch they cashes the check so the numbers are wrong on the document. also at the time the was no personal garntee & they made me sign a confesion of judgment personaly that I was unaware of at the time. they tricked me by using the business address & never used my persaonl home as well. I was under distress at the time in 09 when the markets crashed. is this grounds to reopen or set aside as you say? & how can I do this?


 


 

Customer: replied 4 years ago.

 


I have found that the amount was settled for $15,000.00 and it later states that after I pay $4,000.00 that i still owe $15,000.00 witch they cashes the check so the numbers are wrong on the document. also at the time the was no personal garntee & they made me sign a confesion of judgment personaly that I was unaware of at the time. they tricked me by using the business address & never used my persaonl home as well. I was under distress at the time in 09 when the markets crashed. is this grounds to reopen or set aside as you say? & how can I do this?


 

If the judgment was signed by you under duress - and you can prove it - then you could seek relief from the judgment based on the duress. Whether or not the judge sets it aside based on this claim just depends on how the court views the claim.
Customer: replied 4 years ago.


Can I file personaly? Is there a form? do I make a motion? I would like to do this without my attorny.. At the time I had 5 employees walk out on me M&T bank called in a not for $250k 8 months after they let me borrow the money & I had hired an attorny that had me sign a contract for my construction company that basicly gave $600K to a client with no terms to pay me back & everyone in the world was calling me. It was a tough time. do i put it in writting ? I would like to set this judgment aside because the attorny is subinoing everyone & his paper work is wrong and the dollar amount is wrong.

I'm not aware of any form for such a motion. You would need to file a motion to set aside the judgment, but this is VERY, VERY difficult to do. In fact, I've never seen a successful motion in my personal career.

Thus, if you want to try and do this, you're going to need an attorney (in my opinion).