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Category: Legal
Satisfied Customers: 56810
Experience:  Licensed attorney helping individuals and businesses
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Need help with filling out forms to vacate a judgement in NY

Customer Question

Need help with filling out forms to vacate a judgement in NY supreme court.I was served with 2 summons by the same plaintiff, I answered the summons at the address given to me in one of the summons. So today I had a hearing at the county court, and that case was reschedule till June. At my big surprise was told by one of the volunteers lawyers that I had to answer the other summons at the supreme court. I thought all along that it was all at the same court. So I went to the supreme court clerk, inquired about my case and was told a judgement has been entered on the 27 of April. So I was some forms to fill out. it seems a bit complicated.
Submitted: 5 years ago.
Category: Legal
Expert:  INFOLAWYER replied 5 years ago.
Hello and thank you for the question. I am sorry to read of this dilemma.
What would you like to know about vacating the judgment?
Customer: replied 5 years ago.
I was given some form to fill out one is order to show cause and the other affidavit of support. I need help filling them out and what else do I need to do to get the judgement vacated
Expert:  INFOLAWYER replied 5 years ago.
The affidavit is where you write down your defense to the claim and why you didnt answer timely, such as lack of notice. The order to show cause largely is a notice of the motion and the clerk can review it on filing. You fill out the parties, the relief you want, (vacating the judgment)
INFOLAWYER and 2 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Still not helpful. I know what u just explained. My issue is with filling out the forms
Expert:  INFOLAWYER replied 5 years ago.
I cannot fill out the forms for you through this site. I will open the question to colleagues.
Customer: replied 5 years ago.
Do you have like sample of the form filled out or a link? It is in NY Supreme Court
Customer: replied 5 years ago.
Relist: Answer quality.
Well answers didnt really serve me , I can find that for free by just goggling
Expert:  INFOLAWYER replied 5 years ago.
It is not done as a form.
The affidavit would outline who you are and then very simply note a meritorious defense and an excuse for not appearing. The reason its not a form is because you have to explain that defense and why you never appeared. In your owns words. The order show cause notice has very little to it, and the clerk would give you a form and help you fill out the names of parties, and the relief of vacating a judgment. That's all.
Customer: replied 5 years ago.
Do you have any link to filled out sample form?
Expert:  INFOLAWYER replied 5 years ago.
No. Most lawyers type them from scratch and they vary from case to case. The court supplied ones are filled out with the specifics. The judge wont deny the motion based on the quality of the language. It will look to see why you didnt appear earlier and if you have a defense. Make sure the affidavit does both.