by Sigmund
(Brooklyn, NY)

I got a judgment order from a Debt collector lawyer I was never served any papers now, when I requested the papers from the Court I see that they say that they served it to me & my color of my hair is black, which is not true, the color of my hair is blond light blond & it can not be mistaken for black.

I am the only family member in my house hold & I have a 9 year old son on the basis of above can I claim that the case be thrown out since it it is not true,nobody is black in my household?

Comments for JUDGEMENT

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Sep 18, 2009
Default judgment not correct
by: Mary Reed

Dear Sigmund:
So sorry about your legal problem!

You should have been served with a legal notice in accordance with New York State law regarding the debt collection lawsuit that was filed against you. Given that you were not and in light of the fact that the paperwork that you recently received from the court inaccurately describes your physical appearance, it's possible that you are the victim of an illegal practice commonly referred to as "sewer service". Sewer service happens when a process server deliberately fails to provide a someone like you with proper notice that they have been sued so that that person (the defendant in the lawsuit) will not show up in court to defend herself and so that plaintiff in the lawsuit can get an automatic or default judgment against the defendant.

Sewer service related to debt collection lawsuits has such a problem in the NY City area that this past Spring Attorney General Cuomo took criminal action action against process serving company American Legal Process (ALP) and its CEO and President. Furthermore, in July of this year, Cuomo sued 35 law firms and 2 debt collectors in order to throw out or vacate more an estimated 100,000 debt collection related default judgments that were improperly obtained. All of these companies has hired ALP between January 2007 and October 2008 to formally notify consumers that they had been sued.

Given that you do not believe that you were properly served and that there is a default judgment against you as a result, I recommend that you contact Attorney General Cuomo's Office (1-800-771-7755) to find out if it can tell you whether the judgment against you is one of the 100,000 faulty judgments it is seeking to overturn and what steps if any you need to take.

If you are unable to get an answer from that office (or if the judgment against you is not included in Cuomo's action) contact a consumer law attorney. If you cannot afford to hire an attorney, contact a legal aid office in your area. For more information about process servers and your legal rights, go to http://www.nydebthelp.com/process_servers.html.

Good luck!

Apr 11, 2015
help - judgment no paperwork
by: todd

I have this judgement since 2010 and the loan now has been sold several times. I have found the person who has the loan but they refuse to give me any information on the settlement offer that we have agreed on. They want me to send the cash or financial account from my bank and then they can send me paperwork.

This does sound like a scam. The courts say that my wages should have been garnished but they were not.

How can I move forward or can I find an attorney to deal with this because I need help!

Reply from DebtCollectionAnswers.com

We certainly agree that it can be risky to pay someone to settle a debt without anything in writing.

One option would be to talk with a local consumer bankruptcy attorney. They are used to navigating the court system and will be familiar with procedures regarding judgments. Another option would be to contact the court where the judgment was entered to find out the process to file a motion to vacate the judgment. We can't walk you through this step-by-step here, but it's possible that if the judgment has changed hands numerous times that they no longer have the information necessary to verify that the amount they say you owe is correct.

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