Public Record in NY

[stang98sc]

What is the name of your state?NY

I used to owe money on a credit card that was charged off. That card was removed from my report after 7 years of inactivity. But some law firm brought up a judgement against me and filed it as a public record for the amount that I owed on that card.
All this was done while I was out of the country. I have proof that shows I was out of the country and I had no idea they brought a judgement against me until it was too late. I had no way to defend myself.
Now is there a way this judgement can be removed from my credit report?

 

[Debt Guy]

You could just pay the bill. You admitted you owed the money. Now I hear you trying to avoid paying. Why don't you do the honorable thing? You still owe the money and will forever regardless of the judgment issue.

It is possible that you could have the judgment vacated for lack of proper service.

You should research NY law on what constitutes proper service. Different states have different rules -- somes require the summons to be placed in your hot little hands and other states allow service by mail to last known address.

Then you should go to the courthouse and ask to see your file. Read the file to see what it says about how you were served.

If you conclude that service was not in accordance with NY law, ask the court clerk how to file a motion to vacate the judgment. Some courts have a pro se clerk to assist individuals with such things. Don't expect them to give you legal advice because they won't. But you may be able to get advice on what documents to file and how to fill them out or even samples of filed documents.

 

[snostar]

Also

The method of service may have been directed in an order of the court and can vary depending on the type of paper that is being served. The clerk of the court can also be contacted to determine how papers should have been served.

 

[stang98sc]

Debt Guy-You are right.

I have been avoiding to pay the money. But paying it is the right thing to do once I find out at the county clerk's office what the story is.

 

[Debt Guy]

I did not intend to sound like I was giving you a lecture. Just trying to be sure I knew what your motives were.

Now, the best for you would be to have the judgment vacated. That way it is not on your credit report for another 6 or 7 years. If you just pay the judgment, it is still on your credit report and reflects negatively.

If service was improper, give it a go to get it vacated. Then, make a deal to pay whatever you think is right.

That way, you did the right thing and your credit history is as clean as you can make it.