Questions About Lawsuits & Judgments
New York Civil Litigation Attorneys
Searching the internet for answers to litigation questions can be overwhelming.
We've created this library of frequantly asked lawsuit and judgment
questions to help New Yorkers find the valuable information their looking for.
Check back for regular updates. If there are other questions that you would
like to see answered below, let us know. Please keep in mind that the
information is not legal advice, and it's applicability is limited to
collection lawsuits and debt judgments in New York.
Interesting in fighting or settling a New York lawsuit?
Speak to a Civil Litigation Defense Lawyer
Or Call (888) 301-0584 for a Free Case Review
What should I do if I have been sued for a debt?
Collectors all around the nation are obtaining default judgments at swift
rates. The debt collectors are hoping that you do not obtain legal advice,
because that would substantially complicate and possibly jeopardize their
case. If you are being sued for a debt, do not give up without a fight.
With the representation of our aggressive attorney, we can help you resolve
your case.
How to
vacate a default judgment?
If a judgment was entered against you without you being proper legal service,
you might seek to have the judgment vacated and the case re-opened. A
defendant is entitled to have their day in court, however, it is critical
to sufficiently evidence to the court that the Plaintiff did not serve
you, that you have a meritorious defense to the underlying debt, and that
you acted promptly upon notice of the default judgment.
How to resolve a
judgment in New York?
Options for resolving civil judgments in New York will vary on a case
by case basis. They might include settling the judgment for a reduced
amount, paying in monthly installments, fighting the judgment in court,
or even filing for bankruptcy.
How to stop a wage garnishment?
A wage garnishment that results from a civil judgment can be "stayed"
by the court if the debtor files an Order To Show Cause To Vacate Judgment,
or by filing for bankruptcy. However, wage garnishment can also be avoided
by paying the debt, or negotiating an arrangement that is acceptable to
the creditor. When a Marshal or Sherrif commences a garnishment, a fee
of 5% is added, and with the interest that continues to accrue at 9% on
the judgment balance, a garnishment is likely one of the costliest methods
of repaying a judgment.
Can I be sued for a medical bill?
Hospitals and doctors can bring lawsuits to collect on balances for medical
services. There is no general rule to know whether you will be sued on
your medical bills, as it is up to the discretion of the medical servicer
provider. However, medical debts are oftentimes places in collections,
either in-house, or with a 3rd party collection agency, prior to being
reviewed for litigation. During that period of time, the patient can explore
repayment options. If you received a notice of a lawsuit for medical bills,
you need to take prompt action to avoid potentially having a default judgment.
An attorney can advise you to defense strategies for medical debts.
Where to get
help with a frozen bank account?
Generally, at the onset of a bank restraint, the funds are not actually
taken, rather, they are frozen. The creditor can freeze up to double of
the judgment amount. There are funds that are exempt from being retrained
in New York, such as social security payments, and 90% of recent income
earned from employment. Most people can visit their bank and withdraw
approximately $2100 from a frozen bank account. Ultimately, the judgment
must be resolved in order to avoid further execution efforts. Most commonly,
the borrower would either pay the judgment, settle it for a reduced amount,
or fight it in court with an
Order To Show Cause.
Why is their a judgment
lien on my real estate?
In New York, a judgment creditor has several remedies to effectuate recovery,
once of which is to place a judgment lien on real estate. The lien secures
the judgment to the real property. At a time where the borrower seeks
to sell or refinance the property, they could be required to satisfy the
judgment in full, with interest, in order to release the lien. Negotiating
a reduction while in the midst of a real estate transaction can prove
challenging. If possible, it can be advantageous to negotiate to settlement
the judgment for a reduced amount prior to commencing the real estate
transaction.
What is a default judgment?
A default judgment can be sought by the Plaintiff when the Defendant fails
to make a required appearance. Oftentimes, a default judgment is entered
because the borrower does not file an Answer to the lawsuit in a timely
fashion, which is either 20 or 30 days from service of the lawsuit papers,
and depends on the manner of service. An Answer filed after this period
of time might be rejected by the Plaintiff for being late. Even if the
borrower files a timely Answer, a default judgment can be sought if the
borrower misses a court appearance and the matter is marked for
Inquest.
How do I
fight a lawsuit from American Express?
American Express uses either in-house or third-party collection law firms
to bring lawsuits in New York & New Jersey. You might want to adjust
your strategy depending on which firm is handling the case, but generally,
you will want to submit answer the summons & complaint in a timely
manner. Make sure you include any necessary admissions, denials, affirmative
defense, and counterclaims or offsets. Learn how our attorneys defended
a client and helped them
negotiate american express lawsuit that allowed them to save a substantial sum, while repaying the debt in
affordable monthly payments.
What is a Confession of Judgment?
A confession of judgment can be an effective tool to help creditor and
lenders secure a judgment without the need to commence an actual lawsuit.
If you sign a confession of judgment, it will let the creditor obtain
a civil court judgment upon the occurence of a stated event or trigger.
For example, the COJ might allow entry of judgment upon the borrower missing
a payment. Vacating a COJ can be challenging unless the affidavit is facially
insufficient. However, it may be possible to settle the amount claimed
in the confession for less then the full balance.
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