Read Nica U.'s review of Lebedin Kofman on Yelp
Read Olessya K.'s review of Lebedin Kofman on Yelp
Read Rebecca V.'s review of Lebedin Kofman on Yelp
Vacating a Default Judgment in New York
New York Debt Defense Attorneys Explain Default Judgments
When a person fails to enter a response to a complaint in the appropriate
timeframe or fails to show up for his or her court hearing, the court
will oftentimes issue a judgment in the favor of the other party. This
is referred to as a default judgment. Unfortunately, there are many debtors
who end up receiving default judgments because they were not properly
informed about the lawsuits that have been filed against them by creditors.
When this happens, they may have grounds to take legal action against
the creditor and get that judgment
vacated. At Lebedin Kofman LLP, we have New York City debt relief attorneys who
can help you stand up for your rights after you received an unfair default judgment.
Improper Service of Court Documents
When a creditor files a lawsuit against a debtor, the law requires that
creditor to properly serve the debtor with the court action papers. Some
creditors might take shortcuts, such as by failing to provide in-person
delivery of the papers when required, or failing to provide notice to
the debtor at the appropriate address. There are even some creditors that
outright lie, claiming that the papers were served when no such action
ever occurred. This is a practice that is referred to as "sewer service."
An experienced attorney will know what steps need to be taken for vacating
a default judgment on the grounds of improper service, or "lack of
You may also be able to get your default judgment overturned by proving
"excusable default." A person can use these grounds when the
individual is able to prove that he or she had a legitimate reason for
failing to provide an answer to the civil complaint or for failing to
show up in court. A person can also use these grounds by proving that
he or she has a strong defense to the plaintiff's claims. For example,
the defendant may be able to show that a severe illness prevented him
or her from going to court, that he or she was a victim of identity theft
(and therefore did not incur the debt), or even that he or she has a good
reason for disputing the amount of debt that the plaintiff is claiming.
Contact Lebedin Kofman LLP for a free consultation!
According to a
report by the New Economy Project (which was formerly known as NEDAP), the number
of debt collection lawsuits in New York have skyrocketed over the past
decade, with more than 200,000 cases being filed in 2011 alone. There
are many creditors that use deceptive tactics in these lawsuits in order
to win default judgments against debtors.
Contact a New York City debt relief lawyer from Lebedin Kofman LLP for aggressive legal representation in your case.
We offer free