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dkennedy, Lawyer (JD)
Category: Legal
Satisfied Customers: 6009
Experience:  Juris Doctorate Degree
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How do I go about setting aside a default judgement in NY

Resolved Question:

How do I go about "setting aside a default judgement" in NY state against a law firm who froze my bank account?
Submitted: 8 years ago.
Category: Legal
Expert:  dkennedy replied 8 years ago.



As simple as it may sound, you file a Motion to Set Aside Default Judgment. In it, you list the reasons why the default was not appropriate, such as: not served with court date, etc.


At the end of the document, you ask again, for the court to set aside the default judgment and for any other relief deemed appropriate. Sign it, and also certify at the bottom that you have sent a copy to all parties. Then make sure you file the original at the courthouse, and send (certified, is my suggestion) a copy to the apporpriate person or persons at the lawfirm. Send it attention the same person that signed the Petition against you.


Then, wait for the judge's order, either as a decision or for a hearing.

Customer: replied 8 years ago.

My problem is, there is no "original court house" as the lawyer who put the judgment against me says they filed in Rome, NY and gave me the case number. When I called there, they claim no such number exists and my name is XXXXX XXXXX their database. My bank has the same info that I was given by the lawyer.

Expert:  dkennedy replied 8 years ago.

Hello again,


From what you are saying, they are perpetrating a fraud against you, and the bank. I would immediately file a criminal complaint against them through your local law enforcement.


Make sure, once again, that there is not a case in NY. Of course, you should have been served, even if there was, and would have known about it. Also, the notice to the bank is supposed to have a copy of the judgment attached to it. If that was faked, they really are in trouble. I would even wonder if there really is a law firm, or is it just a crooked collection company.


If really a law firm doing this, report the lawyer or lawyers to the NY Bar Association.

dkennedy and other Legal Specialists are ready to help you
Customer: replied 8 years ago.

Hello again. thank you. Happy new year.


I will let you know what happens. As of now, I will have to sit tight until Friday.

Customer: replied 8 years ago.
From the on-line research I've done, this "law firm" called Mel Harris & Associates appear to have a bad reputation. The funny thing is, if they had just called me or wrote me like a normal person, I would of gladly paid any bill I owed. This company doesnt even show on my credit report!!!
Customer: replied 8 years ago.
I received another e mail for this asking to Accept the answer. Should I ignore it? I believe I accepted it already the night before last.