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I had a hot water heater installed in my Brooklyn residence…

Customer Question
I had a hot...

I had a hot water heater installed in my Brooklyn residence 8 years ago and have been disputing with the company over excessive billing ever since. I was sued for $15,000 with unspecified fees and interests without my knowledge and the court issued a default judgment against me after the debtor's lawyer claimed that they served me the summons which never happened. I filed a motion to show cause and went to a hearing without a lawyer but the judge refused to accept my affidavit that they never served me any papers. I eventually filed an appeal and the case has been pending for over 15 months. Now I'm trying to refinance my home but this case has stopped me from proceeding. I went to the court but they can't see for sure when the decision will be made. What's my best option now?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Has anything been filed or reported?

As I said, an appeal with a brief was filed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so at this time.

Submitted: 1 year ago.Category: Legal
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Answered in 5 minutes by:
7/31/2017
Lawyer: Legal Eagle, Lawyer replied 1 year ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,357
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. I am sorry to hear about this situation. I know that many times when cases are on appeal, it can take a long while before The case is actually decided upon. Depending on how Brave you feel about it, you may be able to submit a motion for a judgment. Basically, you would put this on 28 line pleading paper and just ask the court to make a judgment on this appeal. You can say that your rights are being limited by the fact that the court is not yet made a judgment and it's been nearly 1.5 years. It is up to the justice that he is reviewing the motion to either approve or deny it, and it is also possible that by asking the judge to make a decision on the matter that they may not view it favorably toward you, but the wheels of justice tend to turn slow as I'm sure you know and I think that it may be in your best interest to wait this one out, unfortunately.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Lawyer: Legal Eagle, Lawyer replied 1 year ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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